Berkeley City Council
January 21, 2025

Tuesday, January 21, 2025 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, January 21, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in- person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To
access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1608180534. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 818 0534 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

Thi
s meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

Pur
suant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Go
vernment Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Tuesday, January 21, 2025 AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000- year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.

In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non- agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

Tuesday, January 21, 2025 AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has co mmenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Recess Items

1. Contract No. 105938-1 Amendment: Koefran Industries for Animal Disposal Services
From: City Manager
Recommendation: Ratify the action taken by the City Manager during recess to extend and increase the current contract with Koefran Industries to provide weekly removal and disposal of deceased animals from the Berkeley Animal Care Services (BACS) through 2027, increasing the contract amount by $42,840 for a new total contract amount not to exceed $274,440.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

Recess Items
Tuesday, January 21, 2025 AGENDA Page 4

2. Contract Amendments: Contract No. 32000146 Vestis Services, LLC (formerly Aramark Uniform Services) for Uniforms and Laundering & Contract No. 32300013 Herc Rental Inc. for Rental Equipment and Products From: City Manager
Recommendation: Ratify the action taken by the City Manager during the City Council recess to increase Contract Nos. 32000146 and 32300013 by $500,000 each, for a not to exceed amount of $1,517,000 for contract #32000146 and $1,235,000 for contract #32300013.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

3. Contract No. 32400177 Amendment - Health Officer Coverage Contract – Dr.

Lisa B. Hernandez
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32400177 with Dr. Lisa B. Hernandez to increase by $20,000 for a total not to exceed amount (NTE) of $120,000.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

4. Contract: Rosas Brothers Construction for FY 2025 Curb Ramp Improvement Project (Specification No. 25-11679-C)
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess: approving plans and specifications for the FY 2025 Curb Ramp Improvement Project; accepting the bid of Rosas Brothers Construction as the lowest, responsive and responsible bidder; and authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until project completion, in accordance with the approved plans and specifications in an amount not to exceed $2,683,395, which includes a 10% contingency.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Consent Calendar

5. Contract No. 32400129 Amendment: IGM Technology Corporation for Digital Budget Book Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or their designee, to amend Contract No. 32400129 with IGM Technology Corporation to add $45,203 for the annual service fees and extend the contract term to January 31, 2027 with a not to exceed amount of $85,203.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

Consent Calendar
Tuesday, January 21, 2025 AGENDA Page 5

6. Contract with Records Xpress of California, LLC dba Access Information Management for Offsite Records Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a new contract with Records Xpress of California, LLC. dba Access Information Management for off-site record management services. The new contract is for a five- year period beginning December 1, 2024 through November 30, 2029, for a total contract amount not to exceed $330,000.

Financial Implications: See Report
Contact: Mark Numainville, City Clerk, (510) 981-6900

7. Contract: Julie W. Chang Public Artwork Commission for Willard Clubhouse From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with artist Julie W. Chang for an amount not to exceed $150,000 for a public art commission of a mosaic mural on the 18’-5” wide by 10’ tall interior lobby wall located in the Willard Clubhouse at the southeast corner of Willard Park at 2720 Hillegass Avenue, between Derby Street and Stuart Street.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

8. Acceptance of a $40,000 Grant from the National Endowment for the Arts to enhance Civic Arts Grant Programing
From: City Manager
Recommendation: Adopt a Resolution accepting a $40,000 grant from the National Endowment for the Arts (NEA). The grant will be used to support a Civic Arts grant program totaling $80,000 to be expended in Fiscal Year 2026 (FY26). This will be the second annual implementation of the new program designed to support the following types of arts and cultural programming in the City of Berkeley: Nonprofit (not-art specific) organizations located in the City of Berkeley to produce arts/cultural programming in the City of Berkeley led by a partnering arts organization or teaching artist; or Arts nonprofit organizations located in the Greater Bay Area (outside of Berkeley) to produce arts/cultural programming taking place in the City of Berkeley.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 21, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Consent Calendar
Tuesday, January 21, 2025 AGENDA Page 6

10. Authorized Agent Update for FEMA Public Assistance
From: City Manager
Recommendation: Adopt a Resolution updating Resolution 69,682-N.S. authorizing the City Manager, Deputy City Managers, and AG Witt, LLC to engage for another three years with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the City of Berkeley for the FEMA-4482-DR-CA California COVID-19 Pandemic, as well as future disasters.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

11. Contract No. 32100126 Amendment: Anjanette Scott LLC for Housing Consultant Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 32100126 with Anjanette Scott LLC increasing the contract by $30,000 for consulting services in a total amount not to exceed $205,000, and extending the contract end date of June 30, 2026.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

12. Housing Trust Fund Recommendations for the Martin Luther King Jr. House Predevelopment Funds and Haste Street Rehabilitation Funds From: City Manager
Recommendation: Adopt a Resolution:

1. Authorizing the City Manager or designee to disburse up to $320,000 of Insight Housing’s loan for Martin Luther King, Jr. (MLK) House for predevelopment;

2. Reserving $500,000 for the Northern Community Land Trust’s (NCLT) rehabilitation of 2207 Haste Street; and

3. Authorizing the City Manager or designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

13. Contract No(s) 32400134, 32400135 and 32400145 Amendment: As- Needed Derelict Vessel/Debris Removal and Disposal Services at the Berkeley Marina From: City Manager
Recommendation: Adopt a Resolutions authorizing the City Manager to amend contract no. 32400134 with Lind Marine, contract no. 32400135 with Silverado Contractors, and contract no. 32400145 with Power Engineering to remove and dispose derelict and abandoned vessels at the Berkeley Marina by increasing the contract amount by $55,000 for a total not-to-exceed amount of $217,000, as well as extending the contract to September 30, 2026.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Consent Calendar
Tuesday, January 21, 2025 AGENDA Page 7

14. Contract No. 32100143 Amendment: ACTC/Caltrans for Construction of Gilman Street Sanitary Sewer Line Extension
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100143 with the Alameda County Transportation Commission (Alameda CTC/Caltrans) for the construction of a sanitary sewer line on Gilman Street (Project) to increase the contract amount by $86,000, for a total not-to-exceed contract amount of $806,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

15. Donation from the Friends of the Berkeley Animal Care Shelter From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation of up to $16,000 from the Friends of the Berkeley Animal Care Shelter to install new fencing for the animal training area at Aquatic Park.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

16. Contract - Benchmark Analytics for Early Intervention System Platform From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Benchmark Analytics (Contractor) to provide a cloud-based Early Intervention System (EIS) platform from February 3, 2025 to February 3, 2027, in an amount not to exceed $200,000 with an option to extend for two additional years, for a total contract amount not to exceed $400,000.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

17. Contract No. 100692-5 Amendment: Serological Research Institute for DNA Testing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 100692-5 and any necessary future amendments with Serological Research Institute (SERI) for the Police Department, increasing the contract amount by $2,000,000 for a total not to exceed $5,000,000 and expand the contract expiration two years from June 30, 2025 to June 30, 2027.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

Consent Calendar
Tuesday, January 21, 2025 AGENDA Page 8

18. Contract No. 31900143 Amendment: Passport Labs Incorporated for a Parking Management System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900143 and any necessary future amendments with Passport Labs Inc. to provide a Parking Management System for the Police Department, extending the term by another 18 months to August 4, 2027 and increasing this contract by $2,000,000 for a total not to exceed $7,365,545.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

19. Agreements with Union Pacific Railroad for Reimbursement for Construction of Safety Improvements for Pedestrians, Cyclists and Vehicular Traffic at Addison and Bancroft railroad crossings
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute two reimbursement agreements and any amendments with Union Pacific Railroad Company (UPRR) to construct all necessary safety improvement elements at Addison Street and Bancroft Way railroad crossings subject to reimbursement by the City for actual costs incurred.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

20. Purchase Order: California Automotive Retailing Group dba Dublin Chevrolet for Two 2025 Chevrolet Blazer EV Police Pursuit Vehicles From: City Manager
Recommendation: Adopt a Resolution satisfying the requirements of City Charter allowing the City to participate in Alameda County Purchase Order Contract, Master Contract No.901979 and authorizing the City Manager to execute a purchase order for two (2) 2025 Chevrolet Blazer EV Police Pursuit vehicles with California Automotive Retailing Group dba Dublin Chevrolet in an amount not to exceed $220,000.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

21. Appointment of Lisa Teague to the Mental Health Commission From: Mental Health Commission
Recommendation: Adopt a Resolution approving the recommendation for appointment of Lisa Teague to the Mental Health Commission as a representative of the Special Interest Category, Consumer. Lisa Teague 3-year term will begin on January 22, 2025 and end on January 21, 2028.

Financial Implications: See report
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

Tuesday, January 21, 2025 AGENDA Page 9
Council Consent Items

22. Seating Arrangement for the Council, Vice Mayor Term Revision, Mayoral Appointment to City/UC/Student Relations Committee, and 2025 Council Appointments
From: Mayor Ishii (Author)
Recommendation:

Rescind Resolution No. 71,393-N.S. and adopt a resolution that establishes the seating arrangement for the City Council.

Rescind Resolution 70,631-N.S. and adopt a Resolution establishing a schedule of appointments for the office of Vice-President of the Council at the discretion of the Mayor and for these appointments to be established at the first Council meeting in December every year or the proceeding month’s council meeting after a new Mayor is sworn in.

Adopt a Resolution appointing Mayor Ishii as the alternate on the 4x6 City/UC/Student Relations Committee.

Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies, and Liaisons to the City Boards and Commissions for a term ending on January 31, 2026 or until new appointments are made.

Financial Implications: See report
Contact: Adena Ishii, Mayor, (510) 981-7100

Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

Action Calendar – Public Hearings
Tuesday, January 21, 2025 AGENDA Page 10
If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

23. California Municipal Finance Authority Bond Financing for 2001 Ashby Avenue From: City Manager
Recommendation: Conduct a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986, as amended, and upon conclusion, adopt a Resolution approving the issuance of additional bonds, increasing the total amount of bonds to be issued for this project, by the California Municipal Finance Authority (CMFA) for the benefit of the 2001 Ashby Avenue rental housing development.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

24. Changes to Select Recreation Facilities and Camps Program Fees From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees and increasing current fees for select recreation programs and facility rentals; and rescinding Resolution No. 71,356 N.S. and all amendatory resolutions
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

25. ZAB Appeal: 2708 Prince Street, Use Permit ZP2024-0024 From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit ZP2024-0024 to demolish a single-family home and accessory building (garage), and construct a 2-story (24 feet in height) 3,118 square-foot duplex, and dismiss the appeal.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Tuesday, January 21, 2025 AGENDA Page 11
Council Action Items

26. Expanding Homeownership Opportunities for Middle-Income Earners From: Councilmember Kesarwani (Author)
Recommendation: Refer to the City Manager to develop modifications to Berkeley Municipal Code Title 21 (Subdivisions) and refer to the City Manager and Planning Commission to develop modifications to Title 23 (Zoning) to enhance ownership opportunities for middle housing–in alignment with unanimous Council direction for a Middle Housing Ordinance and allowances under Chapter 783, Statutes of 2023 (S.B. 684, Caballero).

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

27. Reaffirming Berkeley as a Sanctuary City
From: Councilmember Blackaby (Author), Mayor Ishii (Co-Sponsor), Councilmember Lunaparra (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a Resolution reaffirming Berkeley as a Sanctuary City and asking the City Clerk to send a copy to each City Department Director, requesting they inform their staff of the City’s Sanctuary City standing and the City’s policies and procedures regarding staff interaction with U.S. Immigration & Customs Enforcement (ICE) related to enforcement of federal immigration law.

Additionally, refer to the City Attorney to explore the possibility of pledging the City’s legal support to help “sensitive sites” defend themselves against civil litigation.

Additionally, the Mayor will create a taskforce of Councilmembers, Community Based Organizations (CBOs), immigration and civil rights organizations, faith leaders, legal experts, school and university officials, and community activists to continually assess threats to Berkeley’s immigrant communities and participate in the process of codifying Berkeley’s Sanctuary protections through a city ordinance.

Financial Implications: See report
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160

28. Budget Referral: Curb Marking and Preventative Infrastructure Upgrades at High-Risk Intersections in Accordance with the New California Daylighting Law, AB 413
From: Councilmember Lunaparra (Author), Councilmember Humbert (Co- sponsor)
Recommendation: Refer $1,250,000 to the June budget process (FY26 Mid- Biennial Update) to provide the City of Berkeley Public Works Department with necessary funds for curb marking and preventative infrastructure upgrades in accordance with the new California Daylighting Law, AB 413.

Financial Implications: See report
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170

Tuesday, January 21, 2025 AGENDA Page 12
Information Reports

29. Audit Follow-up Status Update
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90- day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

C
ommunications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be accessed at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or

Tuesday, January 21, 2025 AGENDA Page 13
services, please contact the Disability Services specialist at [email protected], (510) 981-6 418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.

A
ttendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Captioning services are provided at the meeting, on B- TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981- 6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on January 9, 2025.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Welcome

1. Roger Pritchard

Encampment Sweeps and Concerns

2. Elizabeth Mackenzie

3. Isabella J. Lake

4. Moni T. Law

5. Alex Stephens

6. Daisy Ryan

7. Lillian Robles

8. Russbumper (2)

9. Gale Smith

10. Peter Radu

11. Robb M Walker

12. Claudia Qi

Tuesday, January 21, 2025 AGENDA Page 14

13. Betty Chu

14. Jeff Morgan

15. Sam Gooch

16. Craig Nagasawa

17. Luther Miller

Porta Potties

18. Negeene Mosaed

19. Megan

20. Elania Nanopoulos

21. Ward Kanowsky

22. Sarah Donoghue

23. Summer Brenner (2)

24. Andrea Henson

25. Russbumper

26. Elana Auerbach

27. T. Freeman

Social Housing in SF

28. Summer Brenner

Measure BB Impact

29. Matt Wickland

30. James Williams

Restaurant/Food Facility Inspection

31. David Lerman

Local Violence Concerns

32. David Soffa

Harrison House

33. Avalonia Williams

Middle Class

34. A Successful Asian Woman

Agenda and Rules Committee Concern

35. Dorothea Dorenz

Gilman District

36. Jeff Morgan

Rose and Josephine

37. Wolfram Arnold

38. Christopher Riederer on behalf of The Neighbors of North Berkeley

Tuesday, January 21, 2025 AGENDA Page 15
Mural Concerns

39. Kathy Baylor

40. Judith Smith

UA Theater

41. Jon Winet

42. Lois Yuen

43. Summer Brenner

44. Jill Korte (2)

45. Barbara Hadenfeldt

46. Charlene M. Woodcock

47. Melanie Bowden

48. Jane Stillwater

Telegraph Holiday Fair

49. Laly Pena (2)

UC Berkeley Class

50. 6 Similarly worded form letters

Safety Concern

51. Carl Martineau

Berkeley Asphalt Operations

52. Pear Michaels (2)

Restroom Installation Concern

53. Nicola Spence

Potential Landmark Designation

54. Todd Williams (3)

55. Fatema Crane

Berkeley Community Meal

56. Rashi Kesarwani

57. Andrea Henson

Street Paving

58. Siddharth Kiyawat

Affordable Housing

59. Barbara Hadenfeldt

City Concern

60. Kaethe Weingarten

61. Molly Freeman

Tuesday, January 21, 2025 AGENDA Page 16
Haste & Dwight Repaving

62. The members of Telegraph For People

Safety Upgrades

63. Jordan Burns

64. Dave

Parking at Marina

65. Paul Kamen

3 rd and Harrison

66. Maria Yates

Safety Concerns on Adeline St.

67. Nhan Nguyen Le, Teresa Clarke, and Bruce Curtis

Police Report

68. Adam Warlow

Women’s March

69. Hali Hammer (2)

Cesar Chavez Park and Dogs

70. Mary Sears

Wood Burning

71. Clifford Fred

Tobacco Prevention Coalition

72. Carol Denney

Parking in the Red Zone

73. Jessica Phrogus

Local Culture

74. Summer Brenner

Civil Defense Structure

75. Adam Messinger

Tourist Attractions

76. John L. Haracz (2)

Transportation Manager Position Description

77. Ben Gerhardstein

78. Wahid Amiri

Tuesday, January 21, 2025 AGENDA Page 17
Waterfront Planning

79. Jim McGrath

Ohlone Greenway Project

80. Janice Schroeder

Hopkins St.

81. Bruce Buckelew

Winter News

82. Walter Wood

Black Repertory Group

83. Mona VScott (2)

3008 Russell at Domingo

84. Inetjalopy (5)

Electric Bikes and Scooters

85. Linda Franklin

86. Laarni Mathias (2)

87. Stephanie Lauren

88. Robert Byler

89. Jeff L (Veo)

Middle East Conflict

90. Russbumper (3)

91. Hollie Roizman

URL’s

92. Russbumper (24)

93. Josh Atwood (3)

94. Glen

Forwards

95. Eid (13)

96. Josh Atwood (2)

97. Vivian Warkentin

98. Russbumper

Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

Tuesday, January 21, 2025 AGENDA Page 18

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/ Office of the City Manager

RECESS ITEM

CONSENT CALENDAR
JANUARY 21, 2025
To:

From:

Honorable Mayor and Members of the City Council
Paul Buddenhagen, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract No. 105938-1 Amendment: Koefran Industries for Animal Disposal Services

RECOMMENDATION
Ratify the action taken by the City Manager during recess to extend and increase the current contract with Koefran Industries to provide weekly removal and disposal of deceased animals from the Berkeley Animal Care Services (BACS) through 2027, increasing the contract amount by $42,840 for a new total contract amount not to exceed $274,440.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS A delay in action until after council recess could interrupt service, leading to deceased animal bodies accumulating, overwhelming and damaging the cooler, and potentially leading to material health and safety impacts to the shelter volunteers and staff.

FISCAL IMPACTS OF RECOMMENDATION
Koefran Industries is the sole provider of animal disposal services in Northern California and has contracted with the City of Berkeley to provide these services for more than 20 years. The current funds were exhausted in September 2024, and BACS has been unable to pay invoices since. Increasing the contract will prevent an interruption in essential services. The contract will be extended through FY2027 at $1,785 monthly or $21,420 annually and will come from the Berkeley Animal Care Services General Fund budget.

CURRENT SITUATION AND ITS EFFECTS
Currently, BACS contracts with Koefran Industries to provide weekly pick up and disposal of deceased animals at a cost of $1,785 per month or $21,420 per year. BACS has a constant influx of deceased animals that need to be disposed of by a professional service and handles approximately 600 deceased animals annually.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/ Contract No. 105938-1 Amendment: Koefran Industries for Animal Disposal Services CONSENT CALENDAR

BACKGROUND
BACS must dispose of deceased animals in a sanitary and approved manner. Koefran Industries is the only service providing pick up and disposal of deceased animals in Northern California. It has contracted with the City of Berkeley for many years to provide these services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
BACS must dispose of deceased animals, and Koefran Industries is the only service that provides pick up and disposal of deceased animals in Northern California.

ALTERNATIVE ACTIONS CONSIDERED
No alternative action was deemed feasible at this time.

CONTACT PERSON
Mike St. Pierre, Animal Services Manager, 510.981.6603
Attachments:
1: Resolution

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/ RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 105938-1 AMENDMENT: KOEFRAN INDUSTRIES
WHEREAS, Koefran Industries is currently contracted to provide pick up and disposal of deceased animals for Berkeley Animal Care Services (BACS) animals at the Dona Spring Animal Shelter; and
WHEREAS, BACS has a constant influx of deceased animals that require a sanitary, appropriate disposal method; and
WHEREAS, the contract will be paid for from the General Fund with funds already allocated in the Berkeley Animal Care Services baseline budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to extend and increase the current contract with Koefran Industries by $42,840 and extend it with any amendments, including incremental additions of $50,000 or less to the NTE amount through the end date of the contract, through August 15, 2027, for an initial amount not to exceed $274,440.

Internal
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

RECESS ITEM

CONSENT CALENDAR
JANUARY 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: Contract Amendments: Contract No. 32000146 Vestis Services, LLC (formerly Aramark Uniform Services) for Uniforms and Laundering & Contract No. 32300013 Herc Rental Inc. for Rental Equipment and Products

RECOMMENDATION
Ratify the action taken by the City Manager during the City Council recess to increase Contract Nos. 32000146 and 32300013 by $500,000 each, for a not to exceed amount of $1,517,000 for contract #32000146 and $1,235,000 for contract #32300013.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS A delay in action until after council recess could interrupt city services, delay invoice payments and lead to an interruption in job duties and the safety of city personnel. These two contracts are providing services to several city departments and the budget to pay for these services will be coming from various department budgets.

CURRENT SITUATION AND ITS EFFECTS
The City’s Contract No. 32000146 with Vestis Services, LLC (formerly Aramark Uniform Services) provides uniforms and other products so city personnel can do their job duties in a safe manner.

Contract No. 32300013 with Herc Rental Inc. provides rental trucks, equipment and related services so City workers can carry out their job duties without delay in city services.

BACKGROUND
The City of Berkeley’s rental uniform and laundry needs are relatively small for the uniform and laundry industry. Pricing obtained by the City was higher than that of larger cities.

City of Berkeley identified the City of Fresno contract, which leveraged a much larger workforce, but with similar uniform and laundry needs. The City of Fresno competed and awarded a multi-year contract to Aramark in 2019. Fresno received strong pricing based

Internal
Contract Amendments: Contract No. 32000146 CONSENT CALENDAR Vestis Services, LLC (formerly Aramark Uniform
Services) for Uniforms and Laundering & Contract
No. 32300013 Herc Rental Inc. for Rental Equipment and Products JANUARY 21, 2025

on their account size. The City of Berkeley is able to obtain the same pricing of the larger account by piggybacking on the City of Fresno contract. Vestis Services, LLC (formerly Aramark Uniform Services) continues to attest to meeting the City of Berkeley’s Sweatshop-Free ordinance. The city is satisfied with Vestis Services, LLC uniform, product quality and services.

Herc Rentals Inc. is a premier, full-service equipment rental company providing customers the equipment, services, and solutions they need to achieve optimal performance safely, efficiently, and effectively. The city is piggybacking on an Omnia Cooperative Agreement, that was fully solicitated in order to gain economy of scale.

Contract No. 2019000318 provides equipment rentals, related products and services for some City departments. A pioneer of the equipment rental industry, Herc Rentals Inc. continues to provide excellent services to the City.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Aramark Uniform Services now Vestis Services, LLC is actively undertaking environmental initiatives such as wastewater reduction and waste minimization efforts.

Herc Rental Inc. has an established Environmental Impact Policy and is committed to reducing the environmental impact of its services throughout its processes.

RATIONALE FOR RECOMMENDATION
Several city job classifications within the City of Berkeley require uniforms that meet industry safety standards.

The rental of vehicles and equipment are needed to enable several city departments the ability to provide services to the community.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Henry Oyekanmi, Director, Finance, 510-981-7326
Attachment:
1: Resolution

Internal
RESOLUTION NO. ##,###-N.S.

CONTRACT AMENDMENTS: CONTRACT NO. 32000146 VESTIS SERVICES, LLC (FORMERLY ARAMARK UNIFORM SERVICES) FOR UNIFORMS AND LAUNDERING & CONTACT NO. 32300013 HERC RENTAL INC. FOR RENTAL EQUIPMENT AND

PRODUCTS
WHEREAS, Vestis Services, LLC (formerly Aramark Uniform Services) is currently contracted to provide uniforms, laundering services and mats; and WHEREAS, Herc Rental Inc. is currently contracted to provide vehicles and equipment as needed for Public Works, Parks and other city departments; and WHEREAS, in 2024 the city was notified Aramark Uniform Services name changed to Vestis Services, LLC; and
WHEREAS, both contracts have exceeded their respective not-to-exceed amounts and these two contracts are providing services to several city departments and the budget to pay for these services will be coming from various department budgets.

WHEREAS,
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies action taken by the City Manager to increase Contract No. 32000146 with Vestis Services, LLC (formerly Aramark Uniform Services), and Contract No. 32300013 with Herc Rental Inc in the amounts of $500,000 for a not to exceed amount of $1,517,000 for contract #32000146 and $1,235,000 for contract #32300013.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

RECESS ITEM

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Contract No. 32400177 Amendment - Health Officer Coverage Contract – Dr.

Lisa B. Hernandez

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32400177 with Dr. Lisa B. Hernandez to increase by $20,000 for a total not to exceed amount (NTE) of $120,000.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The City will have a gap in Health Officer coverage when the Health Officer is out of the office and unavailable.

FISCAL IMPACTS OF RECOMMENDATION
Costs for Health Officer coverage will be paid for by General Funds (Fund 011) salary savings in the Fiscal Year 2025 Adopted Budget. The grant (fund 302) that supported this contract last year was reduced for all jurisdictions statewide due to budget cuts.

Payment will be $50 per hour/$1,200 per day. Total costs are not to exceed $120,000.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley receives funding from the California Department of Public Health through the Future of Public Health grant. The funding requires each local health jurisdiction to have Health Officer on-call coverage at all times. The City of Berkeley currently relies on backup coverage while the City Health Officer is on leave.

BACKGROUND
Most public health jurisdictions have on-call Health Officer coverage to address urgent communicable diseases and other public health issues. Additionally, this coverage is required by the Future of Public Health grant. Dr. Hernandez served as Health Officer for the City of Berkeley for five years, until July 2023. The City Council is asked to approve continued Health Officer coverage, as Council also approves the appointment of a permanent Health Officer.

Contract Amendment – Contract No. 34200177 for CONSENT CALENDAR Health Officer Coverage-Dr. Lisa Hernandez January 21, 2025

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Health Officer coverage is required by the Future of Public Health grant and may be needed if urgent public health issues arise.

ALTERNATIVE ACTIONS CONSIDERED
The City could continue to have periodic gaps in Health Officer coverage when the Health Officer is unavailable.

CONTACT PERSON
Alexandra Deitch, Sr. Health Services Program Specialist, HHCS, 510-981-5379 Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32400177 AMENDMENT: DR. LISA B. HERNANDEZ FOR HEALTH

OFFICER SERVICES DURING PERIODS WHEN THE CITY HEALTH OFFICER IS

OUT OF OFFICE
WHEREAS, most public health jurisdictions have on-call Health Officer coverage to address urgent communicable diseases and other public health issues; and WHEREAS, the City of Berkeley receives funding from the California Department of Public Health through the Future of Public Health grant, which requires each local health jurisdiction to have Health Officer coverage at all times; and WHEREAS, Dr. Lisa B. Hernandez served as the Health Officer for the City of Berkeley for five years, and is willing to provide coverage for the City of Berkeley again; and WHEREAS, on April 1, 2024, the City of Berkeley entered into contract with Dr.

Hernandez (Contract 32400177) to provide Health Officer coverage when the Health Officer is out of the office to ensure 24/7 Health Officer coverage; and WHEREAS, an additional $20,000 is needed to increase the existing contract for Health Officer coverage for the City of Berkeley when the Health Officer is out of the office and unavailable.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is authorized to amend Contract No. 32400177 and any amendments with Dr. Lisa Hernandez from April 1, 2024, to June 30, 2026, in an amount not to exceed $120,000 utilizing General Funds and Future of Public Health Grant Funds.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

RECESS ITEM

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Department of Public Works Subject: Contract: Rosas Brothers Construction for FY 2025 Curb Ramp Improvement Project (Specification No. 25-11679-C)

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess:
 Approving plans and specifications for the FY 2025 Curb Ramp Improvement Project;
 Accepting the bid of Rosas Brothers Construction as the lowest, responsive and responsible bidder; and
 Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until project completion, in accordance with the approved plans and specifications in an amount not to exceed $2,683,395, which includes a 10% contingency.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS Delay in approving this contract would postpone critical accessibility improvements that must be completed before the FY 2025 Street Maintenance and Rehabilitation Project.

This would risk pushing paving work outside the optimal weather window and potentially delay the entire street paving program, impacting multiple project schedules and increasing costs.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available from the Street Capital Improvement Program.

Measure B Local Streets & Roads (Fund 130) ........................................$433,395 Measure BB Sales Tax (Fund 134) ............................................................$55,500 Capital Improvement Fund (Fund 501) ..................................................$2,194,500 Total construction cost $2,683,395
No other funding is required, and no other projects will be delayed due to this expenditure.

Contract: Rosas Brothers Construction CONSENT CALENDAR for FY 2025 Curb Ramp Improvement Project January 21, 2025

Low bid by Contractor ...........................................................................$2,439,450 10% Contingency .....................................................................................$243,945 Total construction cost $2,683,395

CURRENT SITUATION AND ITS EFFECTS
The project incorporates 108 curb ramp improvements at locations corresponding to the streets selected for the FY 2025 Street Maintenance and Rehabilitation Project (see Attachment 2, Location Map for Curb Ramp Improvements). Completing the curb ramp improvements before the FY 2025 Street Maintenance and Rehabilitation Project will ensure the timely completion of the paving within the optimal weather window.

The project was released for bids on October 3, 2024, and bids were opened on October 24, 2024 (see Attachment 3, Abstract of Bids). Seven non-local/local bids were received, from a low of $2,439,450 to a high of $2,942,450. The engineer’s estimate for the project was $2,600,000.

Rosas Brothers Construction of Oakland, California, was the lowest, responsive and responsible bidder, with a bid of $2,439,450, and their references were satisfactory. This project includes a 10% contingency, which brings the total contract amount up to the requested $2,683,395. Staff recommends that a contract for this project be awarded to Rosas Brothers Construction.

The FY 2025 Curb Ramp Improvement Project is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City is required to provide accessible curb ramps under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Curb ramps are a critical connection between sidewalks and street crossings, enabling people with disabilities, seniors, parents with strollers, and all pedestrians to navigate our city safely.

When streets are altered through resurfacing projects, federal law requires the simultaneous installation or upgrading curb ramps to current ADA standards at affected crosswalk locations. The City has been systematically upgrading curb ramps throughout Berkeley as part of its ongoing commitment to accessibility and compliance with federal regulations. The FY 2025 Curb Ramp Improvement Project will upgrade 108 curb ramps to meet current standards for slope, width, surface texture, and other accessibility requirements.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project supports the City's climate action goals by improving pedestrian infrastructure and encouraging walking as an alternative to driving. The improvements

Contract: Rosas Brothers Construction CONSENT CALENDAR for FY 2025 Curb Ramp Improvement Project January 21, 2025

will also enhance accessibility for all residents, promoting a more equitable and sustainable transportation system.

RATIONALE FOR RECOMMENDATION
The City conducted a public bid process, and Rosas Brothers Construction submitted the lowest, responsive, and responsible bid. The work requires contracted services, as the City does not possess the in-house labor or equipment resources necessary to complete this specialized construction work.

ALTERNATIVE ACTIONS CONSIDERED
No alternative action was considered. The City could choose not to proceed with this project. However, this would prevent the City from improving accessibility and meeting its obligations under the Americans with Disabilities Act. It could also delay the yearly Paving project, which is part of the 5-Year Paving plan.

CONTACT PERSON
Wahid Amiri, Deputy Director, (510) 981-6396
Ronald A. Nevels, Manager of Engineering, (510) 981-6439 Attachments:
1: Resolution
2: Location Map for Curb Ramp Improvements
3: Abstract of Bids

RESOLUTION NO. ##,###-N.S.

CONTRACT: ROSAS BROTHERS CONSTRUCTION FOR FY 2025 CURB RAMP

IMPROVEMENT PROJECT
WHEREAS, the FY 2025 Curb Ramp Improvement Project is part of the City’s ongoing effort to enhance accessibility throughout the City; and WHEREAS, the City has neither the labor nor the equipment necessary to undertake this FY 2025 Curb Ramp Improvement Project; and
WHEREAS, an invitation for bids was duly advertised, and Rosas Brothers Construction was the lowest responsive and responsible bidder; and
WHEREAS, funding is available in the FY 2025 and FY 2026 budgets in Measure B Local Streets & Roads (Fund 130), Measure BB Sales Tax (Fund 134), and Capital Improvement Fund (Fund 501); and
WHEREAS, during the Council recess period from December 11, 2024 through January 20, 2025, the City Manager took action to approve the contract to maintain project schedules and meet accessibility requirements.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to approve plans and specifications for Specification No. 25-11679-C FY 2025 Curb Ramp Improvement Project.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley ratifies the City Manager's action accepting the bid and executing a contract and any amendments, extensions or change orders until completion of the project in accordance with the approved plans and specifications with Rosas Brothers Construction for the FY 2025 Curb Ramp Improvement Project, in an amount not to exceed $2,683,395, which includes a 10% contingency for unforeseen circumstances. A record signature copy of said agreement and any amendments are to be on file in the Office of the City Clerk.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Subject: Contract No. 32400129 Amendment: IGM Technology Corporation for Digital Budget Book Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager, or their designee, to amend Contract No. 32400129 with IGM Technology Corporation to add $45,203 for the annual service fees and extend the contract term to January 31, 2027 with a not to exceed amount of $85,203.

FISCAL IMPACTS OF RECOMMENDATION
Year Annual Service Fee (USD)
2025 (Year 2) $22,050
2026 (Year 3) $23,153
The purpose of this contract amendment is to pay the annual service fees for the continued access to the Gravity budget book, capital improvement plan book and open data transparency modules. Funding for the annual fees covered under the contract term are included within the adopted biennial budget for fiscal years 2025 and 2026 within the City Manager Office’s operating budget.

CURRENT SITUATION AND ITS EFFECTS
The Gravity software has facilitated a more efficient process to create the capital improvement and operating budget documents. In addition, the software has enabled staff to include more in-depth information pertaining to the budget aligning with the Strategic Plan of advancing our goal to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.

BACKGROUND
The City Manager executed a contract with IGM Technology Corporation in January 2024. IGM Technology Corporation was selected after City staff solicited three proposals from vendors with open government budget platforms and evaluated the

Contract: IGM Technology Corporation for Digital Budget CONSENT CALENDAR Book Services January 21, 2025

proposals on cost, feasibility of implementation, system features and customer service.

The Gravity software was used to create the FY 2025-2029 Proposed Capital Improvement Program and the FY 2025-2026 Proposed and Adopted Budget Books.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
The Budget Office has spent significant time working with the vendor to develop templates that will allow for a more efficient production of future budget documents.

Staff are satisfied with the performance of the product and responsiveness of the company and recommend continuing to utilize the cloud-based software.

ALTERNATIVE ACTIONS CONSIDERED
No other alternatives were considered.

CONTACT PERSON
Sharon Friedrichsen, Budget Manager, 981-7000
Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32400129 AMENDMENT: IGM TECHNOLOGY CORPORATION FOR

DIGITAL BUDGET BOOK SERVICES
WHEREAS, the City has had an agreement with the IGM Technology Corporation to provide digital budget book services for the Proposed and Adopted Biennial Budget, Mid-Biennial Budget, and the Capital Improvement Plan; and WHEREAS, IGM technology Corporation was selected after a competitive process was undertaken and the use of these services aligns with the Strategic Plan of advancing our goal to be a customer-focused organization that provides excellent, timely, easily- accessible service and information to the community; and WHEREAS, the current agreement began on January 21, 2024 and ends on January 24, 2025; and
WHEREAS, the FY 2025 Budget includes funding for this contract amendment in the City Manager’s Office General Fund (Fund 011) budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that that the City Manager is authorized to amend Contract No. 32400129 with IGM Technology Corporation for digital budget book services to add $45,203 for the annual service fees and extend the contract term to January 31, 2027 with a not to exceed amount of $85,203.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Contract with Records Xpress of California, LLC dba Access Information Management for Offsite Records Management Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a new contract with Records Xpress of California, LLC. Dba Access Information Management for off-site record management services. The new contract is for a five-year period beginning December 1, 2024 through November 30, 2029, for a total contract amount not to exceed $330,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the contract will be available in the City Clerk’s Department Fiscal Year 2025 General Fund and have been allocated in budget code 011-32-313-000-0000-000- 411-625110. There are adequate funds in the account to cover estimated costs for the remainder of FY 2025. Allocations of funds for subsequent years will be subject to adoption of the biennial budget for the respective fiscal year(s).

CURRENT SITUATION AND ITS EFFECTS
The City requires continued services for secure, climate-controlled off-site storage of over 14,000 boxes of physical records. The services also include weekly pickup and delivery, shredding destruction services, and computer-based records tracking.

BACKGROUND
The City originally contracted with this vendor in 2007. Prior to the conclusion of the first five-year contract, the City released RFP Specification No. 17-11080-C for Records Management Services to survey the marketplace and determine if there were better services and pricing available. A panel of City staff performed a review of the submitted proposals and selected Access based on their ability to best meet the selection criteria.

This included technical ability, security of records, references, customer services, adherence to 36 CFR 1234 storage compliance checklist, and proposed costs. The Access proposal addressed all of the criteria and the panel found them to be qualified and the best selection for the City contract executed in 2013.

Contract: Record Xpress of California, LLC dba Access Information Protected for Offsite Records Management Services

CONSENT CALENDAR
January 21, 2025

The most recent contract was executed on October 1, 2018 with a term that ended on May 31, 2023. Per the conditions of the contract, the City Manager extended the term of the contract to May 31, 2025. The City’s Department of Finance has recommended entering into a new contract with Access rather than amending the previous contract.

The recommendation is based on the need for updating contract language, aligning the contract with the latest financial system requirements, and obtaining a new contract number. The vendor has been providing satisfactory services since 2013, and a recent review process has reaffirmed their capability and competitive pricing.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
For over 15 years, Access has provided the City with a high level of customer service and competitive pricing. After conducting an extensive RFP in 2017 and reviewing five responses from storage vendors, the City has decided it’s advantageous to continue the existing contract to continue using Access Information Management for records storage.

ALTERNATIVE ACTIONS CONSIDERED
No alternative action needs to be considered at this time.

CONTACT PERSON
Mark Numainville, City Clerk, City Clerk Department, 981-6909 Attachment:
1: Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT: RECORD XPRESS OF CALIFORNIA, LLC D/B/A ACCESS

MANAGEMENT FOR OFFSITE RECORDS MANAGEMENT AND STORAGE
WHEREAS, the City Clerk Department is responsible for administration for the citywide Records Management Program, which included storage of records at an offsite Records Center; and
WHEREAS, in 2007 and 2013, the City issued Requests for Proposals for Records Management Services and Access Information Management submitted proposals in response to both RFPs, which were evaluated and determined to be responsive in meeting all aspects of the scope of the work and selection criteria and best selection for this contract; and
WHEREAS, Access. continues to provide the City with a high level of customer service and competitive pricing; and
WHEREAS, funds totaling $330,000 for this contract have been allocated in the General Fund, budget code 011-32-313-000-0000-000-411-625110.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a contract with Record Xpress of California, LLC dba Access Information Management for Offsite Record Storage Management and related services, for a total contract amount not to exceed $330,000 from December 1, 2024 to November 30, 2029.

Office of City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Contract: Julie W. Chang Public Artwork Commission for Willard Clubhouse

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with artist Julie W. Chang for an amount not to exceed $150,000 for a public art commission of a mosaic mural on the 18’-5” wide by 10’ tall interior lobby wall located in the Willard Clubhouse at the southeast corner of Willard Park at 2720 Hillegass Avenue, between Derby Street and Stuart Street.

FISCAL IMPACTS OF RECOMMENDATION
The $150,000 contract will be funded through Measure T1 bond funds (Fund Code 511- 21-208-252-0000-000-446-612990) in Fiscal Year 2025.

CURRENT SITUATION AND ITS EFFECTS
Artist Julie W. Chang was selected through a competitive process to create a permanent artwork for the interior lobby wall of the Willard Clubhouse located at the southeast corner of Willard Park. The goal of the project is to enhance a visitor’s experience of Willard Park and Clubhouse with a visual amenity; to respond to the site thematically; and to appeal to a wide age range of Willard Park and Clubhouse visitors.

Julie W. Chang’s proposal Enchanted Forest draws inspiration from Berkeley’s flora and fauna and the history of Willard Park as a beloved gathering space. With the intent of highlighting diverse voices and perspectives, symbols mingle and collide to abstraction, inviting multiple interpretations and opportunities for delight and discovery for children and viewers of all ages. Located on the interior lobby wall, this 18’-5” wide by 10’ tall “woven” mosaic will serve as a celebration of community in harmony with our natural environment (Figure 1).

Contract: Julie W. Chang Public Artwork for Willard Clubhouse CONSENT CALENDAR January 21, 2025
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/ Figure 1: Artwork proposal by Julie W. Chang, Enchanted Forest, mosaic artwork for Willard Park Clubhouse (2025).

BACKGROUND
On January 18, 2023, the Civic Arts Commission approved the Willard Park Clubhouse Public Art Project Plan, which called for the commissioning of a mosaic artwork for the 18’-5” wide by 10’ tall interior lobby wall located at the entrance to the Willard Clubhouse as follows: M/S/C (Passmore/Dhesi) to approve the Willard Clubhouse Public Art Project Plan. Vote: Ayes — Anno, Blecher, Bullwinkel, Covarrubias, Dhesi, Ibarra, Ozol, Passmore, Woo; Nays — None; Abstain — None; Absent — None.

A Request for Qualifications for this artwork commission was released on February 13, 2024 and was open through April 9, 2024. A selection panel comprised of arts professionals reviewed the qualifications of the 135 applicants and recommended 28 applications to be presented to the Willard Clubhouse Public Art Project selection panel.

The selection panel of seven people was comprised of three Bay Area arts professionals, a Civic Arts Commissioner, a Parks, Recreation and Waterfront Commissioner, a member of the clubhouse’s architecture team, and a community representative. This panel reviewed the qualifications of the 28 artists on the shortlist and recommended three finalists to develop detailed conceptual site-specific proposals.

Once the proposals were received, staff conducted extensive community outreach to elicit the public’s responses to the three detailed proposals. A “Berkeley Considers” survey that invited respondents to provide feedback on each of the proposals was hosted on the City’s website from October 21 to November 11, 2024 and was widely distributed through a citywide community message yielding 535 survey responses.

Contract: Julie W. Chang Public Artwork for Willard Clubhouse CONSENT CALENDAR January 21, 2025
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/ On November 18, 2024, the selection panel was reconvened to consider the finalists’ proposals in an interview format. Julie W. Chang’s proposal was selected and submitted to Civic Art Commission for final approval. At the December 4, 2024 Civic Arts Commission meeting, the Commission unanimously approved the panel’s recommendations with the following vote: M/S/C (Ibarra/Bullwinkel) to approve the panel’s selection of artist Julie Chang and her artwork proposal for the Willard Clubhouse Public Art Project. Vote: Ayes — Anno, Bachrach, Blecher, Bullwinkel, Covarrubias, Ibarra, Pineda, Woo; Nays — None; Abstain — None; Absent — None.

Public Comment: None

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
The proposal by Julie W. Chang was selected based upon the following criteria:
aesthetic quality; appropriateness of the proposed artwork for the site and project goals; demonstrated feasibility of the preliminary proposal and the proposal budget; and demonstrated maintainability and durability of the design, materials, fabrication and proposed installation method for the artwork.

ALTERNATIVE ACTIONS CONSIDERED
The selection panel considered two other artistic proposals for the clubhouse wall, but ultimately selected Julie W. Chang’s proposal Enchanted Forest for advancement.

CONTACT PERSON
Mark Salinas, Office of Economic Development, (510) 981-7538 Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT WITH JULIE W. CHANG TO CREATE A PUBLIC ARTWORK ON THE

LOBBY WALL OF THE WILLARD CLUBHOUSE
WHEREAS, the City of Berkeley’s Arts and Culture Plan calls for the enhancement of Berkeley’s environment by placing temporary and permanent public art in public spaces throughout the city; and
WHEREAS, the Civic Arts Commission approved the Willard Clubhouse Public Art Project Plan on January 18, 2023, which called for the commissioning of a permanent mosaic artwork for the interior lobby wall of the Willard Clubhouse located at the southeast corner of Willard Park; and
WHEREAS, funding for the artist contract for the mosaic artwork at Willard Park is included in the budget of the Measure T1 bond funds (Fund 511) for Fiscal Year 2025; and
WHERES, a Request for Qualifications from professional practicing artists was released on February 13, 2024 and 135 applications were received; and WHEREAS, a selection panel comprised of arts professionals reviewed the qualifications of the 135 applicants and recommended 28 applications to be presented to the Willard Clubhouse Public Art selection panel comprised of seven people including three Bay Area arts professionals, a Civic Arts Commissioner, a Parks, Recreation and Waterfront Commissioner, a member of the project’s architect team, and a community representative; and
WHEREAS, three finalists were selected by the panel and invited to develop site- specific public art project proposals; and
WHEREAS, the selection panel reconvened to evaluate the three proposals and selected the proposal by Julie W. Chang for recommendation to the Civic Arts Commission; and
WHEREAS, the Civic Arts Commission approved Julie W. Chang for a permanent mosaic artwork for the interior lobby wall of the Willard Clubhouse at its regularly scheduled commission meeting on December 4, 2024; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments thereto with Julie W. Chang for a permanent mosaic artwork for the interior lobby wall of the Willard Clubhouse for an amount not to exceed $150,000. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Acceptance of a $40,000 Grant from the National Endowment for the Arts to enhance Civic Arts Grant Programing

RECOMMENDATION
Adopt a Resolution accepting a $40,000 grant from the National Endowment for the Arts (NEA). The grant will be used to support a Civic Arts grant program totaling $80,000 to be expended in Fiscal Year 2026 (FY26). This will be the second annual implementation of the new program designed to support the following types of arts and cultural programming in the City of Berkeley:
 Nonprofit (not-art specific) organizations located in the City of Berkeley to produce arts/cultural programming in the City of Berkeley led by a partnering arts organization or teaching artist; or
 Arts nonprofit organizations located in the Greater Bay Area (outside of Berkeley) to produce arts/cultural programming taking place in the City of Berkeley.

FISCAL IMPACTS OF RECOMMENDATION
The NEA requires a one-to-one match for this grant award of $40,000, which would be funded by the General Fund (Fund 011) in FY26 resulting in a total of $80,000 to be expended in FY26 as the second annual implementation of the Arts Programs Grant category administered by civic arts staff in the Office of Economic Development.

CURRENT SITUATION AND ITS EFFECTS
In November 2024, the City of Berkeley was awarded a $40,000 grant from the NEA to to continue implementation for a second year of the new Civic Arts grant program (the Arts Programs Grant) totaling $80,000 in Fiscal Year 2026. The Arts Programs Grant category aims to (1) foster cross-sector collaborations and opportunities for non-arts organizations to hire arts and cultural workers or partner with Berkeley-based arts organizations for programming, and (2) offer the Berkeley community the opportunity to engage in Greater Bay Area programming offered by non-Berkeley arts organizations taking place in Berkeley. Grant Awards will be up to $5,000 each for eligible program- related expenses. The review criteria for the new grant category are: Program Narrative

Acceptance of NEA Grant to enhance Civic Arts Grant Programing CONSENT CALENDAR January 21, 2025

and Timeline (25%), Artistic Merit and Artistic Excellence (25%), Community Engagement and Impact (25%), and Cultural Equity (25%).

BACKGROUND
Civic Arts staff initially applied for funding from the NEA in 2023 in order to establish a new “Arts Programs Grant” category as a pilot for FY25 to address an identified gap in the Civic Arts Grants offerings and better support a wide range of arts and cultural activities taking place in Berkeley. With an annual budget of approximately $700,000 from the City's General Fund (011), the Civic Arts Grants Program has historically awarded funding in three distinct categories: 1) Individual Artist Projects; 2) Community Festivals, and 3) General Operating Support. This NEA grant funding allows for the continuation of a fourth Civic Arts Grants funding category – the Arts Programs Grant, which will be administered in conjunction with the FY26 Civic Arts Grants process. This is the second year the City of Berkeley has been awarded a grant from the National Endowment for the Arts for sub-granting purposes. Authorization for the NEA grant application in accordance with the City’s administrative regulations was approved by Council on February 13, 2024 (Resolution 71,208–N.S.). After the success of the first year’s Arts Programs Grant pilot program, the NEA increased the award amount by $10,000 (from $30,000 for FY25 to $40,000 for FY26).

The Arts Programs Grant category allowed Civic Arts to engage twelve new grantees in FY25 with the first year’s NEA award.1This federal grant enables the City of Berkeley to leverage local funds to provide increased support for arts and cultural activities to benefit Berkeley residents. The current NEA grant award, plus the required City match, represents a total increase over the historical Civic Arts Grants budget from $700,000 to $780,00 (approximately an 11.5% increase).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Accepting federal funding from the National Endowment for the Arts would help the City accomplish one of the five high-level goals articulated in The City of Berkeley’s Arts and Culture Plan (2018-2027): “Increase Investment in a Vibrant Arts Community, Strengthen and support Berkeley’s inclusive and culturally rich arts sector by expanding funding and marketing opportunities for a broader array of arts organizations.” Additionally, accepting these funds aligns with the City of Berkeley’s fiscal policy to leverage City funds to secure matching State and Federal resources for the City of Berkeley.
1 A complete list of City of Berkeley Civic Arts grantees is available online: https://berkeleyca.gov/community- recreation/civic-arts/civic-arts-grants and https://berkeleyca.gov/sites/default/files/documents/Civic-Arts-Grants- FY24.pdf.

Acceptance of NEA Grant to enhance Civic Arts Grant Programing CONSENT CALENDAR January 21, 2025

ALTERNATIVE ACTIONS CONSIDERED
No alternatives were considered.

CONTACT PERSON
Hilary Amnah, Office of Economic Development, 510-981-7539 Attachment:
1: Resolution

RESOLUTION NO. ##,###N.S.

ACCEPTING A $40,000 GRANT FROM THE NATIONAL ENDOWMENT FOR THE

ARTS (NEA) TO SUPPORT ACCESS TO ARTS AND CULTURAL PROGRAMMING IN

THE CITY OF BERKELEY BY CONTINUING THE NEW CIVC ARTS GRANTS

PROGRAM-BASED FUNDING CATEGORY KNOWN AS THE ARTS PROGRAMS GRANT.

WHEREAS, the Arts and Culture Plan for the City of Berkeley (2017-18) includes the goal of increasing investment in a vibrant arts community by expanding funding and marketing opportunities for a broader array of arts organizations; and WHEREAS, the Civic Arts Program has identified a gap in its current grant program offerings through data analysis, and community feedback on program-based funding; and WHEREAS, an Arts Programs Grant would support the City’s ability to create increased access to arts and cultural programming taking place in Berkeley; and WHEREAS, federal funding from the National Endowment for the Arts is available to local arts agencies for sub-granting purposes; and
WHEREAS, the City has identified $40,000 in matching funds in FY26 to use for a new grant program category, the Arts Programs Grant of $80,000 total; and WHEREAS, the National Endowment for the Arts has awarded a $40,000 grant for this purpose and these funds will be put into revenue account code 336-21-208-252-0000- 000-000-434110.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the $40,000 grant from the National Endowment for the Arts be accepted to support access to arts and cultural programing in the City of Berkeley by continuing the new civic arts programs grants.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 21, 2025

RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $12,169,940 PROJECT Fund Source Amount
Environmental Health database
migration of EnvisionConnect to
Accela Cloud
011 PROF SVCS – MISC. $275,000
FY 2025-2026 Pavement
Management Consulting Services
501 CAPITAL IM $900,000
Staff uniforms and resale items for
the Recreation Division
011
125
138

GEN FUND
PROF SVCS – ENG'G SVCS
PROF SVCS – MISC.
$200,000
Recreation Management SaaS
Platform
011 GEN FUND $125,000
Plan for a Resilient Arts and Culture
Sector in Berkeley
011 GEN FUND $150,000
Cesar Chavez Park Perimeter
Pathway Improvement Project
606 COASTAL CO $1,500,000
On-call stormwater maintenance for
City of Berkeley’s Transfer Station
601 ZERO WASTE $200,000
Integration Platform 680 ITCSTALLOC $500,000
Hazardous Waste Disposal plus
cylinders
601
608

ZERO WASTE

MARINA OPE
$350,000

Formal Bid Solicitations and Request for Proposals
Scheduled for Possible Issuance After Council
Approval on January 21, 2025 CONSENT CALENDAR January 21, 2025
011 GEN FUND
Corporation Yard Green Room and
Building H Improvements
511 T1-CAPITAL $1,650,000
Environmental Consulting On-Call 601
336
672

ZERO WASTE
1TIME GR

EQ MAINT
$500,000
Citation and Permit Management
System (CPMS)
011 GEN FUND $5,819,940
Total: $12,169,940

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Roopreet Walia-Soorma, Senior Buyer, Finance, 510-981-7311

Formal Bid Solicitations and Request for Proposals
Scheduled for Possible Issuance After Council
Approval on January 21, 2025 CONSENT CALENDAR January 21, 2025
Attachments:

1. Environmental Health database migration of EnvisionConnect to Accela Cloud

2. FY 2025-2026 Pavement Management Consulting Services

3. Staff uniforms and resale items for the Recreation Division

4. Recreation Management SaaS Platform

5. Plan for a Resilient Arts and Culture Sector in Berkeley

6. Cesar Chavez Park Perimeter Pathway Improvement Project

7. On-call stormwater maintenance for City of Berkeley’s Transfer Station

8. Hazardous Waste Disposal plus cylinders

9. Corporation Yard Green Room and Building H Improvements

10. Environmental Consulting On-Call

11. Citation and Permit Management System (CPMS)
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: JANUARY 21, 2025
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME &
PHONE
25-11696-C Environmental Health
database migration of
EnvisionConnect to
Accela Cloud
12/4/2024 12/18/2024 Migrate existing EnvisionConnect
software to the Accela Cloud as well
as configure, integrate
and customize
as needed
$275,000 $117,000: 011-51-502-510-
0000-000-451-612990-
$158,000: 011-51-501-501-
000-0000-451-612990-
Health, Housing and Community
Services Department/Environmental
Health Division
Ronald Torres
(510) 981-5261
[email protected]
Dept Total $ 275,000.00
25-11698-C FY 2025-2026
Pavement
Management
Consulting Services
1/31/2025 2/28/2025 On-call civil engineering planning, design and construction management
services for various infrastructure
programs and projects, including
pavement
rehabilitation, Complete
Streets and green infrastructure with
the goals of maintaining and
rehabilitating roadways and
improving safety for vulnerable road
users throughout the City of
Berkeley. Required services include
developing
an implementation
strategy and plan to spend over $200-
million in funding over 14-years
from the November 2024 voter-
approved ballot measure on the
aforementioned
infrastructure
programs and projects.
$900,000 over two
years
501-54-623-673-0000-000-
431-665110-
Public Works / Engineering Srinivas Muktevi 510-981-6402 Terrence
Salonga
510-981-6447
25-11703-C On-call stormwater
maintenance for City
of Berkeley’s Transfer
Station
2/1/2025 3/1/2025 On-call storm vault and associated
conveyance line maintenance
services for Berkeley’s Transfer
Station.
$200,000.00 over
three years, with option
to extend by two years
601-54-624-693-0000-000-
472-613910
Public Works Streets & Utilities Tucker Brofft
510-981-5375
Erika Barros
510-981-6462
25-11705-C Hazardous Waste
Disposal plus
cylinders
February-24 March-24 On-going (routine and non-routine) packing, removal and disposal of
waste material from City sites
$350,000.00 over
three years, with option
to extend by two years
601-54-624-693-0000-000-
472-613910
$100,000
608-54-624-693-0000-000-
472-613910
$7,500
011-54-624-693-0000-000-
412-613910
$10,000
Public Works Streets & Utilities Tucker Brofft
510-981-5375
Erika Barros
510-981-6462
1 of  5

NEXT 30 DAYS
DATE SUBMITTED: JANUARY 21, 2025
Attachment 1
25-11706-C Corporation Yard
Green Room and
Building
H
Improvements
12/21/2025 2/27/2025 Renovation of the Corporation Yard Green Room and Building H. Scope
includes architectural improvements,
roof replacement,
mechanical,
electrical, and plumbing upgrades,
and associated work.
$1,450,000-
$1,650,000
511-54-623-677-0000-000-
444-662110-
PWT1CB2209
$1,220,000
511-54-623-677-0000-000-
444-662110-
PWT1CB2211
$430,000
PW Engineering Titus Chen
981-6410
25-11707-C Environmental
Consulting On-Call
12/1/2024 Jan-25 Up to three vendors will be selected
to provide on call or as needed
environmental consulting services.

May include but not limited to soil,
groundwater, surface water or other
media
sampling. Consultants shall
provide guidance on remediation
programs and procedures, along with
general
recommendations concerning
compliance.
$ 500,000
over three years, with
option to extend by two
years
601-54-624-693-0000-000-
472-613910-
$120,000
336-52-545-000-0000-000-
461-613910-
$50,000
672-54-621-654-0000-000-
472-612990-
$20,000
Public Works
Parks, Recreation, & Waterfront
Tucker Brofft
510-981-5375
Erika Barros
510-981-6462
Robert Hernandez
510-981-6644
Dept Total $ 3,600,000.00

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME &
PHONE
2 of  5

NEXT 30 DAYS
DATE SUBMITTED: JANUARY 21, 2025
Attachment 1
25-11699-C Staff uniforms and
resale items for the
Recreation Division
1/15/2025 2/28/2025 Purchase of staff uniforms for the
Recreation
Division and resale items
for Berkeley Tuolumne Camp
2-year contract
($100,000/year)
$200,000 Recreation General: 011-52-
543-570-0000-000-461-
645110
Recreation Aquatics:
011-52-543-570-1015-000-
461-645110
Recreation Events: 011-52-
543-570-1020-000-461-
645110
Tuolumne Camp: 125-52-
543-583-0000-000-461-
645110
Echo Lake Camp: 125-52-
543-582-0000-000-461-
645110
Berkeley Day
Camp:
125-52-543-584-0000-000-
461-645110
Parks Event Shirts: 138-52-
542-565-0000-000-461-
645110
PRW Recreation Justin Pitcher, Recreation
Program Supervisor
510-981-5123
[email protected]
25-11700-C Recreation
Management SaaS
Platform
1/15/2025 2/28/2025 SaaS solution for the Recreation
Division.

To Include:
•    Activity Registration
•    Membership Management
•    Facility Management
•    Child Care Management
•    Point of Sale
•    Marketing and Communications
•    Security and Stability
•    Payment Processing
$25,000.00/year 5-year
Contract NTE
$125,000.00
011-52-543-570-0000-000-
461-613130
PRW/Recreation Justin Pitcher, Recreation
Program Supervisor. 510-981-
5123
25-11701-C Cesar Chavez Park
Perimeter
Pathway
Improvement Project
1/9/2024 1/9/2024 Project consists of repaving the
existing perimeter
pathway of Cesar
Chavez Park
$1,500,000 State Coastal Conservancy
Grant
606-52-545-000-0000-000-
473-665110-
PRWWF23004
PRW/Capital Robert Chan, P.E.

Assistant Engineer
1-510-981-6392
Dept Total $1,825,000
25-11704-C Integration Platform 2/1/2025 3/1/2025 Integration platform for batch and real time communications between
systems.
$500,000 680-35-363-380-0000-000-
472-613130-
IT / Applications Barry Jennings
510.981.6532
Dept Total $500,000

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME &
PHONE
3 of  5

NEXT 30 DAYS
DATE SUBMITTED: JANUARY 21, 2025
Attachment 1
25-11708-C Citation and Permit
Management System
(CPMS)
1/22/2025 2/25/2025 Contractor will provide a complete
citation and permit management
system which will include but not
limited
to processing all citations;
Lockbox processing of all mail
regarding parking program; Printing
and mailing
notices required to
support parking program; DMV
interface; Collections of fines and
fees via phone, internet or mail, and
special
collection; Processing and
tracking of administrative
reviews/hearing; Data Repository for
Residential and all Parking Permit
information; Customer service
support; supplier of equipment
needed to write citations;
Provide all
records upon request.
**Revenue Generating
Contract**
$5,819,940 FY 26: $1,096,000
FY 27: $1,129,000
FY 28: $1,163,000
FY 29: $1,198,000
FY 30: $1,233,940
Total 5-year Contract
Estimated at $5,819,940
Police/ Parking and other various
city departments
Lyesha Garrett
510-981-5892
Dept Total $5,819,940
TOTAL $12,169,940

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME &
PHONE
4 of  5

Attachment 1
5 of 5

Office of the City Manager

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Authorized Agent Update for FEMA Public Assistance

RECOMMENDATION
Adopt a resolution updating Resolution 69,682-N.S. authorizing the City Manager and Deputy City Managers to engage for another three years with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the City of Berkeley for the FEMA-4482-DR-CA California COVID- 19 Pandemic, as well as future disasters.

FISCAL IMPACTS OF RECOMMENDATION
In the near term, completing this authorization will enable closeout of Federal Emergency Management Agency (FEMA) Public Assistance (PA) projects totaling $382,345. This authorization is also a required step for the City to receive reimbursement through the FEMA PA program for future disasters. For a catastrophic event these funds could total hundreds of millions of dollars.

CURRENT SITUATION AND ITS EFFECTS
On January 19, 2021 in Resolution 69,682-N.S. the City Council resolved to authorize the City Manager, Deputy City Managers, and representatives from AG Witt LLC to engage with Cal OES and FEMA regarding grants applied for through the FEMA Public Assistance Program. That resolution was effective for three years and has since expired.

An updated resolution must be filed with the California Governor’s Office of Emergency Services along with a completed “Designation of Applicant’s Agent Resolution for Non- State Agencies” form (Cal OES Form 130) (Exhibit A).

BACKGROUND
On March 3, 2020, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19). On March 10, 2020, City Council adopted a resolution ratifying the Proclamation of Local Emergency. The City of Berkeley submitted requests for reimbursement of COVID-19

January 21, 2025
response-related costs through the FEMA PA program and as of project closeout these reimbursements total $382,345.

This resolution confirms th e City Manager and Dep uty C ity Man ager design ations as Authorized Agent for any disasters in the coming three years.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Cal OES requires an updated Authorized Agent form in order for the City to receive reimbursement through the FEMA Public Assistance Program.

CONTACT PERSON
Sarah Lana, Emergency Services Manager, Fire Department, 981-5576 Attachments:
1: Resolution
Exhibit A - Cal OES Form 130 (Designation of Applicant’s Agent Resolution for Non-State Agencies) – City Manager and Deputy City Manager

January 21, 2025
RESOLUTION NO. ##,###-N.S.

CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES –

AUTHORIZED AGENTS
WHEREAS, on March 3, 2020, the City Manager in her capacity as Director of Emergency Services, proclaimed an Emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe respiratory illness caused by a novel (new) corona virus (COVID-19); and WHEREAS, on March 10, 2020, City Council adopted a resolution ratifying the March 3, 2020, Proclamation of Local Emergency; and
WHEREAS, on March 4, 2020, the Governor of California ordered a statewide State of Emergency in response to COVID-19; and
WHEREAS, on March 13, 2020, the U.S. President declared that the COVID-19 outbreak in the United States constitutes a National Emergency;
WHEREAS, on March 22, 2020, the U.S. President approved a Major Disaster Declaration for the State of California, making federal funding available to local governments and other jurisdictions to address this crisis, beginning on January 20, 2020 and continuing; and
WHEREAS, to ensure the health and wellbeing of its citizens during the COVID-19 pandemic, the City of Berkeley has incurred significant unbudgeted costs and anticipates additional costs until the resolution of this public health crisis; and WHEREAS, the main sources for disaster financial assistance are the state and federal government; these sources include, but are not limited, to Federal Emergency Management (FEMA) Public Assistance (PA) funding, which is administered by the California Governor’s Office of Emergency Services (Cal OES); and WHEREAS, in order to obtain certain federal and state financial assistance related to COVID-19, Cal OES requires the City to formally designate by resolution an Authorized Agent to execute applications, agreements, and other actions pertaining to disaster relief with Cal OES; and
WHEREAS, on May 26, 2020, the Council of the City of Berkeley designated the City Manager as Berkeley’s Authorized Agent in Resolution 69,400-N.S.; and WHEREAS, Cal OES requires an updated Authorized Agent form in order for the City to receive reimbursement through the FEMA Public Assistance Program.

January 21, 2025
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager and Deputy City Manager are hereby designated as Authorized Agents to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the City of Berkeley.

BE IT FURTHER RESOLVED that the City Clerk is authorized to submit a Cal OES “Designation of Applicant’s Agent Resolution for Non-State Agencies” Form 130 (Exhibit A) with the information contained in this resolution.

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No: ______________________ Cal OES 130

DESIGNATI

ON OF APPLICANT'S AGENT RESOLUTION

FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity (Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. , a publ
ic entity established under the laws of the State of California, THAT the ________________________________________________ (Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

Please check the appropriate box below:

This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.

This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and correct copy of a (Name of Applicant)
Resolution passed and approved by the of the
(Governing Body) (Name of Applicant)
on the day of , 20 .
(Signature) (Title)
Cal OES 130 (Rev.9/13) Page 1
EXHIBIT APage 5 of 6

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions

Cal OES Form 130 Instructions

A Designation of Applicant’s Agent Resolution for Non-S tate Agencies is required o f all Applicants to be eligible to
receive funding. A new resolution must be submitted if a previously submitted Resol ution is older than three (3) years from the last date of approval, is invalid or has not been submitted.

When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California .

Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There are two ways of completing this section:

1. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents would be entered here, not their names. This allows the document to remain valid (for 3 years) if an Authorized Agent leaves the position and is replaced by another individual in the same title . If “Titles Only” is the chosen method, this document must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency and does not require the Governing Body ’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document or their title changes.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Author ized Agents, and a minimum of two or more approving board members need to be listed.

Certification Section:

Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the Secretary position would sign the document as S ecretary to the Board (not City Manager) to eliminate “Self Certification.”

Cal OES 130 (Rev.9/13) Page 2

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Contract No. 32100126 Amendment: Anjanette Scott LLC for Housing Consultant Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 32100126 with Anjanette Scott LLC increasing the contract by $30,000 for consulting services in a total amount not to exceed $205,000, and extending the contract end date to June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
The total not-to-exceed amount of this contract will be $205,000. Resources for the contract will be provided from the administrative set-aside in the Affordable Housing Mitigation Fee Fund (FUND 120) allocated to the Department of Health, Housing and Community Services’ Housing and Community Services Division (HHCS/HCS), approved through the FY2025 Annual Appropriations Ordinance #1.

CURRENT SITUATION AND ITS EFFECTS
The City has a contract with Anjanette Scott LLC to provide project management services for the Housing Trust Fund program. These services include reviewing and underwriting project proposals, drafting loan documents, managing projects under development, reviewing draw requests, providing trainings to staff, and supporting other work of the Housing Trust Fund and Below Market Rate programs as needed.

The current contract with Anjanette Scott LLC expires on June 30, 2025. Staff request an extension of the current contract to June 30, 2026. The contract was previously extended through a Council-approved extension on May 14, 2024 with Resolution No. 71,323-N.S.

The City has a robust pipeline of affordable housing developments, and the work required to support the existing projects exceeds the capacity of current housing staff.

Ms. Scott brings a high level of housing development experience and can support current needs while HCS increases its capacity.

Contract No. 32100126 Amendment: Anjanette Scott LLC CONSENT CALENDAR for Housing Consultant Services January 21, 2025

BACKGROUND
Anjanette Scott LLC entered into the current contract with the City on February 7, 2021 to provide project management services to support the City’s affordable housing programs, particularly the Housing Trust Fund program. In response to the continued need for outside project management support, the contract was amended on August 1, 2021 to extend the contract and increase the total amount to $50,000. Due to ongoing need for staffing support, Council approved an additional extension on March 8, 2022, adding $50,000 to the contract for a new total not to exceed $100,000. On April 11, 2023, Council approved an increase adding $50,000 for a new total not to exceed $150,000. On May 14, 2024, Council approved an increase adding $25,000 for a new total not to exceed $175,000.

The consultant participated in construction and management meetings for multiple Housing Trust Fund projects, reviewed project draw requests, reviewed and assessed funding applications received through the City’s 2022 and 2023 Homekey Request for Proposals processes, drafted loan documents for Housing Trust Fund projects, trained new and existing staff in affordable housing project management, and provided general project management support on housing projects as needed. The consultant has provided critical support in a time of unprecedented housing activity, and staff request extending the contract to ensure continuous support for housing programs and projects.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts related to amending the consultant contract.

RATIONALE FOR RECOMMENDATION
In recent years, the City has funded an unprecedented number of affordable housing projects thanks to new affordable housing funding sources. The amount and complexity of project work now required exceeds HHCS/HCS’ current capacity. HHCS/HCS is working to fill vacant positions, and recommend extending Anjanette Scott LLC’s contract in the meantime.

ALTERNATIVE ACTIONS CONSIDERED
If the Department is unable to amend and extend the contract with Anjanette Scott LLC, staff will not be able to adequately support the affordable housing projects in the City’s pipeline.

CONTACT PERSON
Jenny Wyant, Acting Program Manager, HHCS, (510) 981-5228 Attachment:
1: Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32100126 AMENDMENT: PERSONAL SERVICES CONTRACT

WITH ANJANETTE SCOTT LLC
WHEREAS, the City Council established a Housing Trust Fund (HTF) program to assist in the development and expansion of housing affordable to low- and moderate-income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the HTF program; and
WHEREAS, on February 7, 2021, the Health, Housing and Community Services Department entered into a contract with Anjanette Scott LLC (contract # 32100126) to provide project management support to the City’s affordable housing programs including the HTF program and Below Market Rate program as needed; and WHEREAS, due to ongoing project management support needs, the City Manager approved an amendment to the contract on August 1, 2021, and on March 8, 2022, an additional amendment was approved by Council with Resolution 70,245-N.S for a combined total not to exceed $100,0000, and on April 11, 2023, an amendment to the contract was approved by Council with Resolution 70,756-N.S. for a total amount not to exceed $150,000, an amendment to the contract was approved by Council with Resolution 71,323-N.S. for a total amount not to exceed $175,000; and WHEREAS, Anjanette Scott LLC continues to provide critical support to the affordable housing programs, and staff identified an ongoing need to provide coverage and support to housing developments with City funding reservations.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that City Manager is authorized to amend Contract No. 32100126 with Anjanette Scott LLC for personal services to add up to $30,000 from Fund 120 for a total not to exceed amount of up to $205,000, and extend the contract to June 30, 2026.

BE IT FURTHER RESOLVED the City Manager or designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements and any amendments will be kept on file in the Office of City Clerk.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Housing Trust Fund Recommendations for the Martin Luther King Jr. House Predevelopment Funds and Haste Street Rehabilitation Funds

RECOMMENDATION
Adopt a Resolution:

1. Authorizing the City Manager or designee to disburse up to $320,000 of Insight Housing’s loan for Martin Luther King, Jr. (MLK) House for predevelopment;

2. Reserving $500,000 for the Northern Community Land Trust’s (NCLT) rehabilitation of 2207 Haste Street; and

3. Authorizing the City Manager or designee to execute all original or amended documents or agreements to effectuate these actions.

FISCAL IMPACTS OF RECOMMENDATION
The attached resolution would allow disbursement of up to $320,000 of Insight’s existing Housing Trust Fund (HTF) loan for the MLK House project for predevelopment. No new funds are being added to the project. The resolution would also reserve $500,000 for the rehabilitation of NCLT’s Haste Street property. Currently, there are sufficient funds in the Housing Trust Fund (HTF) program to fund this request. Staff will determine the exact mix of funds from the HTF closer to the loan closing, which may include Funds #120, #122, #123, and #302.

CURRENT SITUATION AND ITS EFFECTS
On December 2, 2024 the Housing Advisory Commission voted as follows to approve the staff recommendations as written above.

M/S/C: Haycox/ Bell. Ayes: Bell, Braslaw, Haycox, Potter, Shere, and Twu. Abstain:

None. Absent: Mendonca (excused), Ortiz-Cedeño (excused), Simon-Weisberg (excused).

The City of Berkeley received requests related to two Housing Trust Fund projects: MLK House and Haste Street.

HTF Recommendations for the MLK House Predevelopment Funds CONSENT CALENDAR and Haste Street Rehabilitation Funds January 21, 2025

Insight requested an advance of $320,000 for the MLK House project to cover the cost of predevelopment activities. Council approved a $2M loan in January 2024 to support Insight’s acquisition and renovation of the property. The City does not typically release funds (aside from acquisition) until all other funding is secured and the renovation is moving forward. In the lead-up to the property rehab, Insight will have significant carrying costs and design costs, and requested access to a portion of their loan to cover those early project costs. Insight is not requesting new funding for MLK House.

NCLT submitted a request for $500,000 for the rehabilitation of the Haste Street property (located at 2207 Haste Street). NCLT originally requested operating funding through the City’s 2021 HTF Request for Proposals (RFP) process, but there were insufficient funds available through the RFP to cover their request. Because the property also had known capital needs, Council invited NCLT to submit a revised request for up to $500,000 to support the renovation of the property.

BACKGROUND
MLK House
Located at 2942-2944 Martin Luther King Jr. Way, MLK House is a Single-Room Occupancy (SRO) permanent housing project that will serve up to 11 formerly homeless veterans. The property has 12 bedrooms (one of which will be used as an office), four bathrooms, and a shared kitchen.

Insight recently took ownership from Resources for Community Development (RCD), and assumed RCD’s original HTF loan. The transfer was authorized in January 2024, at which point Council approved an additional $2M to Insight to renovate the property for operation as housing for formerly homeless veterans. The proposed rehab scope includes improvements to bathrooms, kitchens, HVAC, a new roof and windows, landscaping, and accessibility upgrades. Insight will also add kitchenettes to each room in order to make them eligible for Veterans Affairs Supportive Housing (VASH) vouchers from the Department of Veterans Affairs.

Insight requested that $320K of the previously approved, $2M loan be provided as predevelopment funding to pay for architectural, engineering, and permit fees needed in advance of the rehabilitation work. There are limited non-City sources of funding for predevelopment, and Insight is a smaller organization with limited cash resources to front costs prior to start of construction. Council’s January 2024 funding approval did not include an authorization to release funds for predevelopment activities.

Haste Street
Located at 2207 Haste Street, the property consists of eight bedrooms in a 3-story building with a communal kitchen and three bathrooms. NCLT acquired the property in 1991 and was awarded a $154K HTF loan in 2000 to support property renovation. In May 2022, NCLT entered into a lease with the Alameda County Homeless Action Center (HAC). HAC operates the project and provides transitional supportive housing to

HTF Recommendations for the MLK House Predevelopment Funds CONSENT CALENDAR and Haste Street Rehabilitation Funds January 21, 2025

formerly homeless people who are on the County's priority waiting list for permanent supportive housing.

HAC completed minor rehab upon taking over management, but the property has more extensive capital needs than the rehab was able to address. NCLT requested $500K in City funds to conduct a limited rehabilitation of the property starting in Summer/Fall 2025. The proposed scope of work would not require temporary relocation of current residents. The project’s capital needs exceed the available funding, and NCLT will need to prioritize the most critical structural and/or safety renovations. The anticipated scope of work includes structural repairs to the roof and foundation, front steps, the existing elevator system, painting and replacing windows. NCLT has two project management staff, though both are leaving the organization in the coming months. NCLT plans to build capacity by hiring one or more consultants to manage rehab projects. Housing & Community Services staff will reassess NCLT’s capacity prior to disbursing any funds for the project.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Both projects are existing, infill properties in walkable neighborhoods served by transit.

Renovations have a lower environmental impact than new construction, and to the extent feasible, Insight and NCLT will incorporate energy-efficiency and sustainability measures into their respective rehab scopes.

RATIONALE FOR RECOMMENDATION
Council previously approved funding for Insight’s renovation of MLK House, and approved NCLT returning with a request for up to $500,000 for the renovation of the Haste Street property. These recommendations are in line with Council’s original actions, and will allow the projects to move forward with renovations for projects that will serve vulnerable populations (veterans and formerly homeless individuals).

ALTERNATIVE ACTIONS CONSIDERED
If Council does not approve the funding requests, Insight Housing and NCLT would need to pursue alternative funding sources, which would likely increase project costs and delay the renovations.

CONTACT PERSON
Asavari Devadiga, Community Development Project Coordinator, HHCS, 510-981-5426 Attachment:
1: Resolution

RESOLUTION NO. ##,###-N.S.

APPROVAL OF MARTIN LUTHER KING JR. HOUSE PREDEVELOPMENT FUNDS

AND HASTE STREET REHABILITATION FUNDS
WHEREAS, City Council established a Housing Trust Fund (HTF) program to assist in the development and expansion of housing affordable to low- and moderate-income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the HTF program; and
WHEREAS, there is a great need for affordable and special needs housing in the City of Berkeley as stated in the General Plan Housing Element and the City of Berkeley’s Consolidated Plan; and
WHEREAS, City Council adopted guidelines (HTF Guidelines) as revised on January 19, 2021, and authorized the City Manager to implement the HTF program in accordance with the Guidelines; and
WHEREAS, the Northern California Land Trust (NCLT) submitted an application for operating subsidy for 2207 Haste Street through the 2021 HTF Request for Proposals process, but were not funded due to insufficient funds; and WHEREAS, on December 14, 2021, by Resolution 70,135-N.S., the City Council invited NCLT to submit a revised funding application for up to $500,000 to support the renovation of 2207 Haste Street; and
WHEREAS, on January 30, 2024, by Resolution 71,190-N.S., the City Council approved the transfer of MLK House to Insight Housing and reserved $2,000,988 in HTF funds to support the acquisition and renovation of the property; and WHEREAS, in October 2024, NCLT submitted a request for $500,000 for the Haste Street project and Insight submitted a request to use $320,000 of their existing loan for predevelopment of the MLK House project; and
WHEREAS, on December 2, 2024, the Housing Advisory Commission recommended Council approval to reserve $500,000 for NCLT’s rehabilitation of 2207 Haste Street, and to advance up to $320,000 of Insight Housing’s loan for MLK House for predevelopment.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves the reservation of $500,000 for the NCLT's rehabilitation of 2207 Haste Street.

BE IT FURTHER RESOLVED that Council approves the disbursement of up to $320,000 of Insight Housing's existing HTF loan for MLK House for predevelopment activities.

BE IT FURTHER RESOLVED that the funds for the Haste Street project shall be reserved for a period of no more than 24 months from the date of this Resolution, contingent on NCLT obtaining all required City approvals and securing commitments for full project funding that the City Manager or designee deems sufficient within the reservation period.

BE IT FURTHER RESOLVED that the funding reservation is conditioned upon the completion of the environmental review process, as applicable, except as authorized by 24 CFR, Part 58, and that should HOME and/or CDBG funds constitute a portion of the funding for any project, a final commitment of HOME and/or CDBG funds shall occur only upon the satisfactory completion of the appropriate level of environmental review and also upon the receipt of approval of the request for release of funds and related certification from the U.S. Department of Housing and Urban Development, when applicable. The funding reservation for any of the HOME- and/or CDBG-funded projects is conditioned upon the City of Berkeley's determination to proceed with, modify, or cancel the project based on the results of subsequent environmental review under the National Environmental Policy Act.

BE IT FURTHER RESOLVED that the making of each loan shall be contingent on and subject to such other appropriate terms and conditions as the City Manager or their designee may establish.

BE IT FURTHER RESOLVED the City Manager, or their designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements and any amendments will be kept on file in the Office of City Clerk.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/manager

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract No(s) 32400134, 32400135 and 32400145 Amendment: As- Needed Derelict Vessel/Debris Removal and Disposal Services at the Berkeley Marina

RECOMMENDATION
Adopt resolutions authorizing the City Manager to amend contract no. 32400134 with Lind Marine, contract no. 32400135 with Silverado Contractors, and contract no. 32400145 with Power Engineering to remove and dispose of derelict and abandoned vessels at the Berkeley Marina by increasing the contract spending amount by $55,000 each for a total not-to-exceed spending amount of $217,000, and extending the contracts to September 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
In 2024, the Parks, Recreation, and Waterfront Department received a SAVE grant in the amount of $50,000 from the California Division of Boating and Waterways (DBW) that requires a local match of 10% ($5,000). The City has three contractors that are available to perform the abandoned vessel removal work in a timely manner. Depending on the City’s needs and the availability of the contractors, the spending authority for each of the three contracts must be increased by $55,000 to provide flexibility for the City. These funds, totaling $55,000, will be appropriated as part of the second amendment to the FY2025 annual appropriations ordinance.

Total
Current Amounts $162,000
Proposed
Amendments
$55,000
Total $217,000

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Marina requires regular removal of abandoned boats and marine debris from the harbor waters. Each year, approximately five to ten vessels get abandoned by

Contract Amends to Lind, Silverado, & Power for Abandoned Vessel Removals CONSENT CALENDAR January 21, 2025
2 their owners at the Berkeley Marina. These vessels occupy slips in the Berkeley Marina that could otherwise be used to generate dockage revenue for the City. They are a visual blight on our Marina and harm our reputation. Most often, vessels are abandoned because the owners lack funds needed for repairs, for dockage fees, or both. Due to the age and neglect of the vessels, they have no value, are not sea-worthy, and are likely to sink. There are also times when large marine debris such as broken dock sections need to be removed from the Marina. Upon execution of these contracts and subsequent task orders, contractors will be able to safely remove vessels or debris from the Marina, take them back to their shipyard, and properly dispose of them in accordance with federal and state regulations.

BACKGROUND
Responsibility for derelict and abandoned vessels, unfortunately, often falls on public agencies. For the past 20 years, the Division of Boating and Waterways has provided grant funding assistance to public agencies to properly remove, store, and dispose of abandoned, wrecked, or dismantled vessels or any other partially submerged objects that pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner’s consent.

In 2022, the City received a SAVE grant (SAVE 2022) from the California Division of Boating and Waterways in the amount of $60,000. In 2023, the City received an additional SAVE grant (SAVE 2023) in the amount of $60,000. In 2024, the City received an additional SAVE grant (SAVE 2024) in the amount of $50,000. This grant will expire on September 30, 2026.

On October 27, 2023, the City published a Request for Qualifications (RFQ) seeking qualified firms or individuals to provide Derelict Vessel/Debris Removal & Disposal services on an as-needed basis (Specification No. 24-11618-C). On November 21, 2023, the City received Statements of Qualifications (SOQs) from three (3) marine construction firms. A panel of City staff reviewed the SOQs and selected Lind Marine, Power Engineering Construction, and Silverado Contractors as the best qualified firms to meet the City’s needs. The City needs to award some or all of the new SAVE 2024 grant of $55,000 to any of the three current contractors, depending on the City’s needs and the availability of the contractors. To provide this flexibility, the spending authority for each of the three contracts must be increased by $55,000.

ENVIRONMENTAL SUSTAINABILITY
Derelict, abandoned, and sunken vessels pose a navigational and environmental hazard to the Bay waters at the waters and shoreline of the Berkeley Marina. Removal and proper disposal of these vessels contributes to the improvement of water quality of the waters of the Bay.

RATIONALE FOR RECOMMENDATION
The Parks, Recreation, and Waterfront Department has the primary responsibility for removing derelict and abandoned vessels from local waters. This contract will allow the

Contract Amends to Lind, Silverado, & Power for Abandoned Vessel Removals CONSENT CALENDAR January 21, 2025
3 City to safely remove these potential environmental and navigational hazards from the Berkeley Marina.

CONTACT PERSON
Alexandra Endress, Waterfront Manager, 981-6737
Sean Crothers, Waterfront Supervisor, 981-6744
Attachments:

1. Resolution: Contract with Lind Marine

2. Resolution: Contract with Power Engineering Construction

3. Resolution: Contract with Silverado Contractors

4 RESOLUTION NO. ##,###-N.S.

AMENDMENT TO CONTRACT 32400134: LIND MARINE FOR AS-NEEDED DERELICT

VESSEL/DEBRIS REMOVAL AND DISPOSAL SERVICES
WHEREAS, each year, approximately five to ten vessels get abandoned by their owners at the Berkeley Marina because they lack funds to repair the vessels or they lack funds to pay for their dockage fees. Due to the age and neglect of the vessels, they have no value, are not sea-worthy, and are likely to sink. These vessels occupy slips in the Berkeley Marina that could otherwise be used to generate dockage revenue for the City, and these vessels are a visual blight on our Marina and harm our reputation; and WHEREAS, on January 16, 2024, by Resolution No. 71,165-N.S. the City Council authorized Contract No. 32300184 with Lind Marine, LLC in an amount not to exceed $162,000 for as-needed derelict vessel and debris removal and disposal services through January 16, 2026;
WHEREAS, the current contract not-to-exceed amount is nearly depleted and the City has need of Lind Marine’s services through September 30, 2026; and WHEREAS, additional funding of $55,000 for this on-call contract will be available through a SAVE 2024 grant (Fund 607) in the amount of $50,000 from the California Division of Boating and Waterways (DBW) and local match Marina Fund (Fund 608) for the amount of $5,000. These funds will be appropriated as part of the second amendment to the FY 2025 annual appropriations ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is hereby authorized to amend contract no. 32300184 with Lind Marine to remove and dispose of derelict and abandoned vessels at the Berkeley Marina by increasing the contract spending amount by $55,000 for a total not-to-exceed contract amount of $217,000. This contract period will be extended to September 30, 2026. A record signature copy of said contract will be on file in the Office of the City Clerk.

5 RESOLUTION NO. ##,###-N.S.

AMENDMENT TO CONTRACT 32400145: POWER ENGINEERING FOR AS-NEEDED

DERELICT VESSEL/DEBRIS REMOVAL AND DISPOSAL SERVICES
WHEREAS, each year, approximately five to ten vessels get abandoned by their owners at the Berkeley Marina because they lack funds to repair the vessels or they lack funds to pay for their dockage fees. Due to the age and neglect of the vessels, they have no value, are not sea-worthy, and are likely to sink. These vessels occupy slips in the Berkeley Marina that could otherwise be used to generate dockage revenue for the City, and WHEREAS, on January 16, 2024, by Resolution No. 71,166-N.S. the City Council authorized Contract No. 32400145 with Power Engineering Construction in an amount not to exceed $162,000 for as-needed derelict vessel and debris removal and disposal services through January 16, 2026;
WHEREAS, the current contract not-to-exceed amount is nearly depleted and the City has need of Power Engineering Construction’s services through September 30, 2026; and WHEREAS, additional funding of $55,000 for this on-call contract will be available through a SAVE 2024 grant (Fund 607) in the amount of $50,000 from the California Division of Boating and Waterways (DBW) and local match Marina Fund (Fund 608) for the amount of $5,000. These funds will be appropriated as part of the second amendment to the FY 2025 annual appropriations ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is hereby authorized to amend contract no. 32400145 with Power Engineering to remove and dispose derelict and abandoned vessels at the Berkeley Marina by increasing the contract spending amount by $55,000 for a total not-to- exceed contract amount of $217,000. This contract period will be extended to September 30, 2026. A record signature copy of said contract will be on file in the Office of the City Clerk.

RESOLUTION NO. ##,###-N.S.

AMENDMENT TO CONTRACT 32400135: SILVERADO CONTRACTORS FOR AS-

NEEDED DERELICT VESSEL/DEBRIS REMOVAL AND DISPOSAL SERVICES WHEREAS, each year, approximately five to ten vessels get abandoned by their owners at the Berkeley Marina because they lack funds to repair the vessels or they lack funds to pay for their dockage fees. Due to the age and neglect of the vessels, they have no value, are not sea-worthy, and are likely to sink. These vessels occupy slips in the Berkeley Marina that could otherwise be used to generate dockage revenue for the City, and these vessels are a visual blight on our Marina and harm our reputation; and WHEREAS, on January 16, 2024, by Resolution No. 71,167-N.S. the City Council authorized Contract No. 32400135 with Silverado Contractors, Inc. in an amount not to exceed $162,000 for as-needed derelict vessel and debris removal and disposal services through January 16, 2026;
WHEREAS, the current contract not-to-exceed amount is nearly depleted and the City has need of Silverado Contractors, Inc’s services through September 30, 2026; and WHEREAS, additional funding of $55,000 for this on-call contract will be available through a SAVE 2024 grant (Fund 607) in the amount of $50,000 from the California Division of Boating and Waterways (DBW) and local match Marina Fund (Fund 608) for the amount of $5,000. These funds will be appropriated as part of the second amendment to the FY 2025 annual appropriations ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is hereby authorized to amend contract no. 32400135 with Silverado Contractors to remove and dispose derelict and abandoned vessels at the Berkeley Marina by increasing the contract spending amount by $55,000 for a total not- to-exceed contract amount of $217,000. This contract period will be extended to September 30, 2026. A record signature copy of said contract will be on file in the Office of the City Clerk.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: F. Scott Ferris, Director, Parks, Recreation, & Waterfront Department Subject: Contract No. 32100143 Amendment: ACTC/Caltrans for Construction of Gilman Street Sanitary Sewer Line Extension

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32100143 with the Alameda County Transportation Commission (Alameda CTC/Caltrans) for the construction of a sanitary sewer line on Gilman Street (Project) to increase the contract amount by $86,000, for a total not-to-exceed contract amount of $806,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the $86,000 contract amendment will be available in the FY 2025 Measure T1, Phase 2 Fund (Fund 511) budget.

CURRENT SITUATION AND ITS EFFECTS
Construction of a 6-inch sanitary sewer line extension on Gilman Street that will serve the future fieldhouse and restroom at the Tom Bates Regional Sports Facility was recently completed as part of the I-80 Gilman Street Interchange Improvements project, led and primarily funded by the Alameda County Transportation Commission (Alameda CTC/Caltrans). During excavation for the new sewer line extension along Gilman Street, increased costs were incurred due to unforeseen conditions, which included testing and off-hauling of encountered contaminated soil.

BACKGROUND
In March 30, 2021, the City executed a Utility Agreement with Alameda CTC/Caltrans (City contract no. 32100143) to provide funding for the construction of a sanitary sewer line extension on Gilman Street that will serve the future fieldhouse restroom at the Tom Bates Regional Sports Complex. The I-80 Gilman Street Interchange Improvements project, led and primarily funded by the Alameda County Transportation Commission (Alameda CTC/Caltrans), will reconfigure the intersection to improve navigation and traffic operations, and includes the construction of bicycle and pedestrian facilities to improve access connections to the Tom Bates Regional Sports Complex from areas east of the freeway, including Harrison Park and Codornices Path. The construction of the interchange project is nearing its completion which is anticipated to be in March

Contract 32100143 Amendment: ACTC - Gilman Street Sanitary Sewer Line Extension CONSENT CALENDAR January 21, 2025

2025.

The City is currently working on the final design of a new fieldhouse and restroom at the Tom Bates Regional Sports Complex. For the restroom to function, a new sanitary sewer line is needed underneath Gilman Street. The closest point of connection to the City’s existing sanitary system is just east of the highway, at the intersection of Eastshore Highway and Gilman Street, at a length of approximately 1,000 feet.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed sanitary sewer line extension elements have been incorporated into the environmental evaluations as part of the I-80 Gilman Street Interchange Improvements project. A copy of the Final Environmental Document can be found:
https://www.alamedactc.org/wp-content/uploads/2019/EA0A7700_Gilman_FED_IS- EA_and_Appendices_20190617.pdf

RATIONALE FOR RECOMMENDATION
The City is able to achieve considerable savings in cost, time, and disruption to the public by paying for the installation of the new sanitary line extension as part of the Gilman Interchange Project. The additional costs incurred for this amendment were due to unforeseen conditions that the entire project was affected by, as contaminated soils were encountered throughout the project excavations operations.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, 510-981-6700
Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Jesus Espinoza, Associate Civil Engineer, PRW, 981-6708 Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT 32100143 AMENDMENT WITH ACTC/CALTRANS FOR

CONSTRUCTION OF GILMAN STREET SANITARY SEWER LINE EXTENSION WHEREAS, In March of 2021, the City executed contract no. 32100143 with the Alameda County Transportation Commission/Caltrans (Utility Agreement No. 2176.7) to provide funding for the construction of a sanitary sewer line extension on Gilman Street that will serve the future fieldhouse restroom at the Tom Bates Regional Sports Complex; and WHEREAS, an additional $86,000 in spending authority is needed in order to cover the increased costs incurred due to unforeseen conditions, which included testing and off- hauling of encountered contaminated soil; and
WHEREAS, funding for the $86,000 contract amendment will be available in the FY 2025 Measure T1, Phase 2 Fund (Fund 511) budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a contract amendment to contract No. 32100143 with the Alameda County Transportation Commission/Caltrans to add $86,000 to cover for the increased costs incurred for a not-to-exceed contract amount of $806,000.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Department Subject: Donation from the Friends of the Berkeley Animal Care Shelter

RECOMMENDATION
Adopt a Resolution accepting a cash donation of up to $16,000 from the Friends of the Berkeley Animal Care Shelter to install new fencing for the animal training area at Aquatic Park.

FISCAL IMPACTS OF RECOMMENDATION
This cash donation in the amount of up to $16,000 from the Friends of the Berkeley Animal Care Shelter (BACS) will be deposited into the Parks Fund donation revenue budget code 138-52-545-000-0000-000-000-481110.

CURRENT SITUATION AND ITS EFFECTS
The Friends of the Berkeley Animal Care Shelter (BACS) wish to provide a cash donation of up to $16,000 to install new fencing for the animal training area at Aquatic Park. The City will use the donation to hire a licensed contractor to perform the installation. The City’s Open Governance Ordinance (OGO) requires City Council approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.) Without the donation from the Eli Kane Fund, phase 3 of the project would not be possible.

BACKGROUND
In 2024, the Friends of the Berkeley Animal Care Shelter (BACS) informed the City of their desire to cover the cost to install new fencing for the new animal training area at Aquatic Park.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE CHANGE
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

Donation from the Donation from the Friends of the Berkeley Animal Care Shelter CONSENT CALENDAR January 21, 2025

RATIONALE FOR RECOMMENDATION
This donation will cover the cost of new fencing for the animal training area at Aquatic Park. Without the donation from the Friends of the Berkeley Animal Care Shelter (BASC) this project would not be possible.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation, and Waterfront, 510-981-6711 Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

ACCEPTING A CASH DONATION OF UP TO $16,000 FROM THE FRIENDS OF THE

BERKELEY ANIMAL CARE SHELTER (BACS) TO INSTALL NEW FENCING AT THE

ANIMAL TRAINING AREA AT AQUATIC PARK
WHEREAS, in 2024, the Friends of the Berkeley Animal Care Shelter (BACS) informed the City of their desire to cover the cost to install new fencing for the new animal training area at Aquatic Park; and
WHEREAS, in December 2024, the City received a quote of just under $16,000 for a licensed contractor to install the new fencing; and
WHEREAS, without the donation from the Friends of the Berkeley Animal Care Shelter (BASC), this project would not be possible; and
WHEREAS, the cash donation in the amount of up to $16,000 from the Friends of the Berkeley Animal Care Shelter (BASC) will be deposited into the Parks Fund donation revenue budget code 138-52-545-000-0000-000-000-481110; and WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley to accept a cash donation of up to $16,000 from the Friends of the Berkeley Animal Care Shelter (BASC) to install new fencing for the animal training area at Aquatic Park.

Internal
Office of the City Manager

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jen Louis, Chief of Police
Subject: Contract - Benchmark Analytics for Early Intervention System Platform

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Benchmark Analytics (Contractor) to provide a cloud-based Early Intervention System (EIS) platform from February 3, 2025 to February 3, 2027, in an amount not to exceed $200,000 with an option to extend for two additional years, for a total contract amount not to exceed $400,000.

FISCAL IMPACTS OF RECOMMENDATION
These services will be funded by the General Fund in an amount not to exceed $200,000 with an option to extend for two additional years, for a total contract amount not to exceed $400,000. This software has existing budget approval for $100,000 per year and there are no new fiscal impacts associated with adopting the attached resolution Funding for the extension for the additional two years is contingent on funding being approved within the forthcoming Fiscal Year 2027 and 2028 biennial budget

CURRENT SITUATION AND ITS EFFECTS
The Police Department intends to implement a comprehensive Early Intervention System platform to proactively identify potential issues and support officer well-being and professional development. The current system lacks automated mechanisms for department management to systematically monitor and analyze officer performance data. A modern, data-driven platform will help reduce liability exposure through early detection and intervention. This system reinforces departmental values, particularly our core value of professionalism- demonstrated through progressive training, positive attitude and superior performance.

BACKGROUND
As part of the Department’s commitment to the principles of fair and impartial policing, the Department revised Policy 1041 governing the Early Warning System in 2021 to incorporate individual officer stop data. In 2022, Council approved $100,000 for a consultant to further improve the system. During the RFP process, the Department, the Police Accountability Board and the Berkeley Police Association identified a need to pivot toward a comprehensive cloud-based Early Intervention System platform. Council approved funding for this subscription service as part of the FY25-26 budget process in June 2024.

Internal
In September 2024, the City issued a request for proposals for an Early Intervention System platform.

A panel consisting of representatives from the Berkeley Police Department, the Police Accountability Board, and the Berkeley Police Association selected Benchmark Analytics' proposal as the best solution based on their research-based approach, extensive law enforcement experience, and proven platform capabilities.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Benchmark Analytics offers a unique, evidence-based Early Intervention System built on research partnerships with the University of Chicago. Their configurable platform will enable BPD to:
 Analyze officer performance data through advanced analytics  Identify potential issues early through a proven risk assessment model  Implement targeted interventions and track outcomes
 Maintain comprehensive documentation and reporting capabilities The platform has proven success in major departments across California and the nation, including the San Jose Police Department, San Francisco Police Department, Baltimore Police Department, and Charlotte-Mecklenburg Police Department. The system's track record in these jurisdictions demonstrates its effectiveness in supporting officer development and risk management in diverse agency contexts.

ALTERNATIVE ACTIONS CONSIDERED
The Department considered both consulting services to improve the current system and early intervention platforms from other vendors. After thorough evaluation, Benchmark Analytics' research- based platform offered the most comprehensive and proven solution for BPD's needs.

CONTACT PERSON
Jen Louis, Chief of Police, (510) 981-5700
Arlo Malmberg, Strategic Planning and Accountability Manager, (510) 981-5747

ATTACHMENTS

1. Resolution

ATTACHMENT 1

RESOLUTION NO. XX,XXX-N.S.

BENCHMARK ANALYTICS FOR EARLY INTERVENTION SYSTEM PLATFORM WHEREAS, in accordance with the principles of fair and impartial policing, the Berkeley Police Department revised Policy 1041 governing the Early Warning System in 2021 to incorporate individual officer stop data; and
WHEREAS, in 2022, Council approved funding to improve the Department's early warning system capabilities through external consultation; and WHEREAS, during the RFP process, and in accordance with the Department's commitment to fair and impartial policing, the Department identified a need for a comprehensive cloud-based Early Intervention System platform to provide automated data analysis and risk assessment capabilities; and
WHEREAS, Benchmark Analytics offers a unique, research-based Early Intervention System platform built in partnership with the University of Chicago and supported by the National Police Early Intervention and Outcomes Research Consortium; and WHEREAS, the Benchmark Analytics platform will provide BPD with advanced analytics, proven risk assessment models, intervention tracking, and comprehensive reporting capabilities; and
WHEREAS, Council approved ongoing funding for this subscription service as part of the FY25-26 budget process in June 2024; and
WHEREAS, funds are available in the FY 2025 budget in the General Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Benchmark Analytics (Contractor) to provide a cloud-based Early Intervention System platform from February 3, 2025 to February 3, 2027, in an amount not to exceed $200,000 with an option to extend for two additional years, for a total contract amount not to exceed $400,000.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief, Police Department
Subject: Contract No. 100692-5 Amendment: Serological Research Institute for DNA Testing Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 100692-5 and any necessary future amendments with Serological Research Institute (SERI) for the Police Department, increasing the contract amount by $2,000,000 for a total not to exceed $5,000,000 and expand the contract expiration two years from June 30, 2025 to June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Approval supports an ongoing operational expense required for solving criminal cases in a timely manner. The funding for this contract is allocated from the State Proposition 172 Fund and does not impact the General Fund.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Police Department (BPD) currently contracts with the Serological Research Institute (SERI) for its forensic deoxyribonucleic acid (DNA) testing services.

On January 31, 2023, the BPD received unanimous Council approval for a $500,000 amendment to this contract; that additional allocation was exhausted. On September 12, 2023, Council approved an additional $1,000,000 to this contract; that additional allocation has nearly been exhausted. In order to support additional casework, the Department will need approval of an additional $2,000,000 to the existing contract limits set when this contract was amended in September 2023 as well as an extension to the contract, currently set to expire June 30, 2025. This dollar increase and extension will allow the Department to continue to test DNA for criminal investigations. This enables the potential identification of a suspect based on DNA found at a crime scene and may result in the suspect being arrested and charged faster.

It can be difficult to estimate the dollar amount required annually for DNA testing as it can change significantly from year to year based on the DNA collected and volume required to be tested. In order to continue processing DNA evidence to substantiate

Contract No. 100692-5 Amendment: Serological Research Institute for DNA Testing Services Consent CALENDAR January 21, 2025

charges against suspects, the BPD is requesting the continued authority to spend on these services and the contract extension with SERI.

This essential contract supports our goal to create a resilient, safe, connected, and prepared city and BPD considers it as a Strategic Plan Priority Project.

BACKGROUND
In 2014, the Department entered into a service contract with SERI to obtain their forensic DNA services. SERI was added when two other providers, the Alameda County Sheriff’s Crime Laboratory and Forensic Analytical Sciences, Inc. were unable to keep up with increased caseload from the Berkeley Police Department. SERI is accredited through the American Society of Crime Laboratories Directors/Laboratory Accreditation Board. SERI is located in Richmond, CA and provides state of the art forensic services, laboratory analysis and expert testimony for its clients.

While maintaining compliance with the Federal Bureau of Investigations, Quality Assurance Standards for Forensic DNA Testing, SERI has consistently provided the fastest case turnaround times of our three contracted vendors. SERI has helped minimize DNA testing backlogs the department was experiencing with other vendors.

Fast DNA testing turnaround times help the department identify serious violent offenders and helps solve criminal cases faster. SERI was originally intended to be an additional DNA Laboratory. However, due to the high level of service provided, they have become our primary provider. During this time, the investigative demand for their services has increased based on several factors including improved DNA recovery techniques and new legislative requirements.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Serological Research Institute provides and maintains an extensive online test request submission and product ordering options. These online forms reduce the amount of paper required to forward and process requests.

RATIONALE FOR RECOMMENDATION
The cost associated with DNA testing services is an operational expense for which the Berkeley Police Department is currently responsible. In an effort to solve criminal cases as fast as practical and potentially limit further victimization, the BPD continues to utilize these services. An amendment to increase funds and extend the contract term will allow the Department to continue to meet the DNA testing requirements of its investigations.

Contract No. 100692-5 Amendment: Serological Research Institute for DNA Testing Services Consent CALENDAR January 21, 2025

ALTERNATIVE ACTIONS CONSIDERED
Stop the use of this contract and allow DNA testing to be submitted to the county crime laboratory which has extensive testing backlogs and limited availability to accept additional casework which would delay solving violent criminal cases and possibly lead to them not being solved and prosecuted.

CONTACT PERSON
Jennifer Louis, Chief of Police, 510-981-5700
Attachment:
1: Resolution

RESOLUTION NO. ##,###-N.S.

Contract No. 100692-5 Amendment: Serological Research Institute for DNA Testing Services
WHEREAS, the Berkeley Police Department is responsible for the investigation of criminal cases in Berkeley; and
WHEREAS, closure of criminal investigations will bring relief to the families of the victims and reduce fear in the community; and
WHEREAS, the use of forensic deoxyribonucleic acid (DNA) testing is essential to solving violent crimes; and
WHEREAS, the Department primarily enlists the services of Serological Research Institute for the timely processing of DNA testing; and WHEREAS, it is essential to have an accredited laboratory in order to ensure the consistent processing of DNA evidence; and
WHEREAS, the Berkeley Police Department has identified DNA testing services as an operational expense for which the Department is responsible and funds from the State Proposition 172 Fund will be the primary source of funding.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract amendment to Contract No. 100692-5 and any necessary future amendments with Serological Research Institute (SERI) for the Police Department, increasing the contract amount by $2,000,000 for a total not to exceed amount of $5,000,000 and extending the contract expiration from June 30, 2025 to June 30, 2027.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief, Police Department
Subject: Contract No. 31900143 Amendment: Passport Labs Incorporated for a Parking Management System

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 31900143 and any necessary future amendments with Passport Labs Inc. to provide a Parking Management System for the Police Department, extending the term by another 18 months to August 4, 2027 and increasing this contract by $2,000,000 for a total not to exceed $7,365,545.

FISCAL IMPACTS OF RECOMMENDATION
In 2019, City Council adopted Resolution No. 68,633-N.S. authorizing a five-year contract with Passport Labs Inc. for a total not to exceed $2.87 million. This contract is associated with a contra revenue account that absorbs the citation processing, permit, and collection fees to support the contract. The projected fees to be absorbed by the contra revenue account over the duration of the contract was $5,365,545. These fees fluctuate depending on the number of citations and permits that are issued, payments received, and delinquent citations being sought. The additional contract duration and dollar amounts will allow a seamless transition to a follow-on contract.

CURRENT SITUATION AND ITS EFFECTS
The City’s contract with Passport Labs Inc. for parking citation management was set to expire on February 4, 2024. On January 30, 2024, Council approved a two-year contract extension and additional appropriation for the performance of this contract for a total not to exceed $5,365,545. In order to complete a new Parking Management System Request for Proposal (RFP), review and award, additional appropriations of the existing contract are necessary. The previous RFP required almost 12 months to bid, review, and award. Implementation may require six additional months to acquire necessary equipment and software set-up in the City of Berkeley Finance system to ensure robust reporting and multiple systems integration. This will also allow for additional time to ramp up as well as maintain the existing contract to allow for overlap of services when and if, a transition requires months of system validations.

Contract No. 31900143 Amendment: Passport Labs Inc. for a Parking Management System Consent CALENDAR January 21, 2025

BACKGROUND
The Parking Management System RFP will require the development of contract specifications developed by the City of Berkeley, key stakeholders from Customer Service, Finance, Police, Public Works, and the Information Technology Departments.

In order to allow sufficient time to bid and award a new contract, additional appropriations of the existing contract are necessary.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The current Parking Management System from Passport Labs Inc., allows the ability for customers to purchase permits and make payments online which may result in reduced Green House Gas emissions from customers and residents. The PMS also utilizes electronic records, which may result in the reduction of paper and other resources.

RATIONALE FOR RECOMMENDATION
Without this contract, the City of Berkeley would not be able to continue the issuance, processing, and collection of parking violations occurring within the City of Berkeley.

This would also include the revenue generated for the City of Berkeley staff in various facets of the parking program.

The Passport Labs Inc. contract provides citation processing, collections services, and various customer service resources to support the City Parking Management System and the associated revenue to the City of Berkeley. This contract also assists in support of council directives to implement parking and enforcement programs in support of the expanded Citywide Residential Preferential Parking (RPP) Program, football and special event parking, and citation payment programs.

Passport’s Enforcement and Permitting platform allows the City of Berkeley staff to use mobile handheld ticketing processes, online citation payments, digital permitting, end-to- end citation processing and collections, and the industry’s most data-driven backend management software.

ALTERNATIVE ACTIONS CONSIDERED
Taking no action would end the contract with Passport before a new RFP is issued, developed, and implemented, thus ending the City of Berkeley’s ability to support the Parking Management Program and capture the revenue generated to support parking operations, including staff costs reliant upon this revenue stream.

CONTACT PERSON
Jennifer Louis, Chief of Police, 510-981-5700
Attachment:
1: Resolution

RESOLUTION NO. ##,###-N.S.

Contract No. 31900143 Amendment: Passport Labs Incorporated for a Parking Management System
WHEREAS, the City of Berkeley executed contract No. 31900143 to Passport Labs Incorporated for a Parking Management System beginning February 4, 2019 expiring on February 4, 2024; and
WHEREAS, the original contract was authorized by the City Council of the City of Berkeley under resolution #68,633-N.S. for five years and not to exceed $2,870,000 contract; and
WHEREAS, on January 30, 2024 the City Council of the City of Berkeley approved a two-year contract extension and additional appropriations not to exceed $5,365, 545; and
WHEREAS, this contract is associated with a contra revenue account that absorbs the citation processing, permit and collection fees to support this contract; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract amendment to Contract No. 31900143 and any necessary future amendments with Passport Labs Incorporated to extend the term by another 18 months to August 4, 2027 and increase this contract by $2,000,000 for a total not to exceed $7,365,545.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
January 21, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Agreements with Union Pacific Railroad for Reimbursement for Construction of Safety Improvements for Pedestrians, Cyclists and Vehicular Traffic at Addison and Bancroft railroad crossings

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute two reimbursement agreements and any amendments with Union Pacific Railroad Company (UPRR) to construct all necessary safety improvement elements at Addison Street and Bancroft Way railroad crossings subject to reimbursement by the City for actual costs incurred.

FISCAL IMPACTS OF RECOMMENDATION
There will be no fiscal impact to the City. The developers of the projects triggering the safety improvements are responsible for all actual costs and expenses for the UPRR parties performance of the safety improvement work at the two railroad crossings. There are separate agreements with the two developers regarding payment of actual costs of the safety improvements

CURRENT SITUATION AND ITS EFFECTS
Berkeley Commons is the owner of 600 Addison, and Steelwave Development is the owner of 747 Bancroft. Their projects are next to the railroad crossings at Addison Street and Bancroft Way. Berkeley Commons is constructing the Berkeley Commons research and development campus, which includes two buildings with a combined gross floor area of 470,986 square feet and two parking structures providing a total of 943 spaces on an approximately 8.5-acre industrial site. Steelwave is constructing a new development at 747 Bancroft Way, which consists of a 159,143-square-foot, three-story building containing 124,539 square feet of research and development space and 34,604 square feet of light manufacturing space, and a surface parking lot containing 76 off- street parking spaces and five loading spaces.

Both of these developments are subject to certain conditions of approval which requires them to coordinate with the UPRR, the California Public Utilities commission (CPUC) and the City to implement safety improvements of all travelers at the railroad crossings at Addison and Bancroft.

Agreements with Union Pacific Railroad for Reimbursement CONSENT CALENDAR for Construction of Safety Improvements for Pedestrians, Cyclists January 21, 2025 and Vehicular Traffic at Addison and Bancroft railroad crossings

The mitigation measures for the two projects will result in safety improvements for all modes of travel across the Addison Street and Bancroft Way railroad crossings.

Executing this agreement will support the City's Strategic Plan Goal of creating a resilient, safe, connected, and prepared City.

BACKGROUND
Developers are responsible for the need to implement project-triggered safety improvements across railroad crossings. UPRR has a strict policy of being in charge of implementing any work along their operating corridor, in this case those triggered by the two developments across railroad crossings at Addison Street and Bancroft Way. UPRR does not enter into agreements with private entities, therefore in order to support the development projects and implementation of these safety improvements the City will enter into an agreement with the UPRR on behalf of the developers with the developers agreeing to pay all the final UPRR costs associated with these improvements. Separate agreements between the city and the two developers regarding their payment of the final costs of the safety improvements have already been completed.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
In light of the upcoming research and development employment centers near the Addison and Bancroft railroad crossings, it is anticipated that implementation of the safety improvements will encourage non-motorized traffic. This is expected to have a positive impact on the environment.

RATIONALE FOR RECOMMENDATION
In order to construct required safety improvements within the UPRR operating corridor, a construction and maintenance agreement is required by UPRR as well as CPUC.

ALTERNATIVE ACTIONS CONSIDERED
UPRR requires a construction and maintenance agreement in order to implement safety improvements on City streets which cross their operating corridor, so no other alternatives were feasible.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works, 510-981-6396 Attachments:
1: Resolution
2: Reimbursement Agreements with UPRR for Addison Street Crossing 3: Reimbursement Agreements with UPRR for Bancroft Way Crossing

RESOLUTION NO. ##,###-N.S.

REIMBURSEMENT AGREEMENTS WITH UNION PACIFIC RAILROAD
WHEREAS, Berkeley Commons is engaged in the development of certain real property located at 600 Addison Street in City of Berkeley; and
WHEREAS, Steelwave is engaged in the development of certain real property located at 747 Bancroft Way in City of Berkeley; and
WHEREAS, As part of the improvements for these two projects, safety improvements need to be constructed at Addison Street/Union Pacific Railroad crossing and at Bancroft Way/Union Pacific Railroad crossing; and
WHEREAS, Berkeley Commons and Steelwave will be responsible for paying for the costs of the safety improvements; and
WHEREAS, Union Pacific Railroad (UPRR) will be constructing the safety improvements at Addison Street and at Bancroft Way; and WHEREAS, In order for the construction of these required improvements to proceed, the City must to enter into Construction and Maintenance agreements with UPRR; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that City Manager is authorized to execute two reimbursement agreements (Attachments 1 and 2) and any amendments with UPRR to reimburse UPRR actual costs incurred in connection with traffic safety improvement work at Addison St. and at Bancroft Way intersections with UPRR crossings.

1 UP Real Estate P
roject No.: 0770512

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Addison Street
DOT 751177P
MP 6.14 – Martinez Subdivision
Berkeley, Alameda County, California
THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ( ”Railroad") and CITY OF BERKELEY, a municipal corporation or political subdivision of the State of California to be addressed at 1947 Center Street, 2 nd Floor, Berkeley, California 94704 ("Political Body").

RECITALS:

Presently, the Political Body utilizes the Railroad’s property for the existing at grade public road crossing over Addison Street, DOT Number 75 1177P at Railroad’s Milepost

6.14 on Railroad’s Martinez Subdivision at or near Berkeley, Alameda County, California.

The Political Body now desires to undertake as its project (the “Project”) the widening of the existing
at grade public road crossing to accommodate the
reconstruction of sidewalks. The road crossing, as widened is hereinafter the “Roadway.”
The Railroad
right of way being utilized for the existing at grade public road crossing is not sufficient to allow for the widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the widening of the Roadway. The portion of Railroad’s property that Political Body needs to use in connection with the Roadway (including the right of way being utilized
for the existing at grade crossing) is shown on the Railroad’s location print marked Exhibit A attached
hereto and hereby made a part hereof (the
“Crossing Area”).

In support of its Project, the Political Body has requested the Railroad’s cooperation in connection with upgrading grade crossing protection devices in accordance with the design schematic marked E
xhibit E, hereto attached and hereby
made a part hereof (the “Designs”). Said work is to be performed at the sole expense of Political Body.

2 The Railroad and the Political Body are entering into this Agreement to cover the above.

AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:

Section 1. EXHIBIT B
The general terms and conditions marked Exhibit B, ar
e attached hereto and
hereby made a part hereof.

Section 2. RAILROAD GRANTS RIGHT
For and in consideration o
f the sum of THREE THOUSAND DOLLARS
($3,000.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area.

Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the C on
tractor’s subcontractors and the
Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.

Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to C
ontractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to:
• execute the Railroad's then current Contractor's Right of Entry Agreement • obt ain the then current insurance required in the Contractor’s Right of Entry Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the Railroad.

B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and

3 obtain the required insurance before commencing any work on any Railroad property.

Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining t he insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.

C. A
ll insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:

Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-16
90 UP Project No. 0770512

D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval.

Section 5. FEDERAL AID POLICY GUIDE

If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.

Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD

The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project.

Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS

A. T he work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dat ed
May 31, 2023, June 21, 2023, and September 28, 2023, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates , the Railroad's estimated cost for the Railroad's work associated with the Project is Seven Hundred Eighty Four Thousand Three Hundred Forty One Dollars ($784,341.00).

B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within six (6)

4 months from the date of the Estimates.

C. T
he Political Body acknowledges that the Estimates ma
y not include any
estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing.

D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within one hundred eighty (180) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed.

E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement ), construction, inspection, flagging (unless flagging costs are to be billed directly to the Cont ractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad 's standard additive rates.

Section 8. PLANS

A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances.

B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.

C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.

D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities

5 under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor.

Section 9. NON-RAILROAD IMPROVEMENTS

A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non- railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without lim itation, American Railway Engineering and Maintenance- of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right -to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.

B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators.

Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.

Section 10. EFFECTIVE DATE; TERM; TERMINATION

A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property.

B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date.

6 C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation , all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.

S
ection 11. CONDITIONS TO BE MET BEFORE

POLITICAL BODY CAN COMMENCE WORK

Neither the Political Body nor the Contractor may commence any work within the C
rossing Area or on any other Railroad property until:

(i) The Railroad and Political Body have executed this Agreement.

(ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans.

(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.

(iv)
Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.

Section 12. FUTURE PROJECTS

F
uture projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.

Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS

A. P
olitical Body shall not assign this Agreement without the prior written consent of Railroad.

B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body.

7 Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.

Section 15. TERMINATION OF ORIGINAL AGREEMENT

Upon the completion of the Roadway, the original agreement either governing currently, or any agreement to be found in the future at the existing at -grade crossing, shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway.

Section 16. ANNUAL SIGNAL MAINTENANCE FEE

A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in- service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System”), the Political Body, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Twenty Two Thousand Five Hundred Thirty Eight Dollars ($22,538.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway. The annual signal maintenance fee is calculated as shown on the attached Exhibit F, attached hereto and made a part hereof.

B. The above annual signal maintenance fee for Railroad's maintenance of the Signal System is based on the number of current signal units installed at the Roadway. If the Signal System is improved and/or altered in any way, the Political Body must notify the Railroad in writing and the annual signal maintenance fee will be increased at a rate based on the American Railway Engineering and Maintenance of Way Association (AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any improvement or alteration to the Signal System, the Railroad may increase the annual

8 signal maintenance fee at a rate based on the AREMA signal unit cost index any time after the date of installation and/or improvement of the Signal System. The signal unit base for the annual signal maintenance fee may also be re- determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual signal maintenance fee was last determined or established. Any such changes in the annual signal maintenance fee referenced in Article 2 may be made by means of automatic adjustment in billing.

9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.

UNI

ON PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)

By: _________________________________
Printed Name: ________________________
Title: ________________________________

CITY OF BERKELEY

By: ________________________________
Printed Name: ________________________
Title: ________________________________

EXHIBIT A
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit A will be a print showing the Crossing Area (see Recitals)

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
1 EXHIBIT B
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

SECTION 1. CONDITIONS AND COVENANTS

A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.

B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.

C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof.

The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties.

D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment.

E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.

2 F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad.

SECTION 2. CONSTRUCTION OF ROADWAY

A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.

B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and th e railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.

C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering- Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad.

D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.

SECTION 3. INJURY AND DAMAGE TO PROPERTY

If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the

3 Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.

SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK

The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract.

SECTION 5. MAINTENANCE AND REPAIRS

A. T
he Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the Political Body’s expense.

B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than tim ber planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the C rossing Area, the Political Body shall bear the expense of such repairs or replacement.

SECTION 6. CHANGES IN GRADE

I
f at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track (s) located within the Crossing
Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage.

SECTION 7. REARRANGEMENT OF WARNING DEVICES

I
f the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.

SECTION 8. S
AFETY MEASURES; PROTECTION

OF RAILROAD COMPANY OPERATIONS

It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the

4 same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards:

A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property.

B. Entry on to Railroad's Property by Political Body . If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad.

C. Flagging.

(i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty -five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement.

(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for

5 vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed.

One and one- half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. I f the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges.

(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.

D. Compliance With Laws . The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses.

The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.

6 E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.

F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations.

G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.

H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.

I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the R ailroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad' s property.

The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.

7 J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequ ate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.

K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodi es of water and drainage facilities (either natural or artificial, and including water from the Railroad's culver t and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.

L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement.

M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.

SECTION 9. INTERIM WARNING DEVICES

If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed.

8 SECTION 10. OTHER RAILROADS

All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities.

SECTION 11. BOOKS AND RECORDS

The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body.

SECTION 12. REMEDIES FOR BREACH OR NONUSE

A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof.

B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder.

C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination.

SECTION 13. MODIFICATION - ENTIRE AGREEMENT

No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the P olitical Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT C
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimates.

Material And Force Account Estimate
Berkeley
Estimate Number: 144046 Version: 1
Standard Rates: Labor Additive = 70%
Estimate Good Until 05/31/24
Location: MARTINEZ SUB, NO 1, 6.12-6.16
Description of Work: 751177P 3rd St Berkeley CA 6.14 Martinez Sub Prepared For: Berkeley
Buy America: No
COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100

ENGINEERING
Engineering 1 LS 23,942.00 23,942 0 23,942 0 23,942
Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 1,276.02 0 1,276 1,276 0 1,276 Sub-Total = 23,942 3,076 27,018 0 27,018

TRACK CONSTRUCTION - COMPANY
Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 0 11,450 Sub-Total = 11,450 0 11,450 0 11,450

TRACK REMOVAL - COMPANY
RDXING Remove road crossing - concrete 40 TF 56.82 2,273 0 2,273 0 2,273 TRACK Remove Track 40 TF 22.28 891 0 891 0 891
Sub-Total = 3,164 0 3,164 0 3,164

SITE WORK - CONTRACT
Asphalt 1 LS 37,000.00 0 37,000 37,000 0 37,000
Sub-Total = 0 37,000 37,000 0 37,000

EQUIPMENT RENTAL
Equipment Rental 1 LS 25,000.00 0 25,000 25,000 0 25,000 Sub-Total = 0 25,000 25,000 0 25,000
Total Wgt. in Tons = Totals = 38,556 65,076 103,632 0 103,632 Grand Total = $103,632
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, Berkeley will pay actual construction costs at the current rates effective thereof.
_________________________________________________________________________________________________________________________________________________________________________ Wednesday, May 31, 2023 Page 1 of 1

Material And Force Account Estimate
Lane Partners
Estimate Creation Date: 6/7/2023 Number: 144226 Version: 1 Estimate Good Until 06/21/24
Location: MARTINEZ SUB, NO 1, 2.33-7
Buy America: No
Description of Work: Martinez Sub MP 6.14 Berkeley, CA 3rd St & Addison St DOT#751177P WO#604469 PID#115302 100% Recollectable
COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL
Cost
SIGNAL
Gang Day - 5 Man 2 EA 7,500.00 15,000 0 15,000
Xing - 2 Trk CWE w/Gates 1 EA 152,876.00 48,800 104,076 152,876 Xing - Dax Cable 1000' 2.5 EA 6,440.00 10,000 6,100 16,100 Xing - Flasher/Ped (pair) 1 LS 57,560.00 16,000 41,560 57,560 PPEC Project Mgmt Xing - Misc. 1 LS 15,000.00 0 15,000 15,000 Xing - Sidelight 1 EA 907.00 0 907 907
Xing - Track Card (Main and
Stand-by) New Cable
1 EA 12,889.00 6,000 6,889 12,889
Xing - Remove Location
(Gates/Cants)
1 LS 4,000.00 4,000 0 4,000
Security Fencing Xing - Misc. 1 LS 16,000.00 0 16,000 16,000 Xing - Engineering Design 1 LS 9,365.95 9,366 0 9,366
Xing - Boring 1 LS 10,000.00 0 10,000 10,000
Xing - Fill/Rock/Gravel 1 LS 60,000.00 0 60,000 60,000
Standard 224.45% Xing - Labor Additive 1 LS 245,025.00 245,025 0 245,025 Xing - Meter Service 1 LS 5,000.00 0 5,000 5,000
Sub-Total = 354,191 265,532 619,723

PROJECT LEVEL COST
5% Contingency Contingency 5 % 6,197.23 17,710 13,277 30,986 Sub-Total = 17,710 13,277 30,986
Totals = 371,901 278,809 650,709
Grand Total = $650,709
Disclaimer: This is a preliminary estimate, intended to provide a ballpark cost to determine whether a proposed project warrants further study. Quantities and costs are estimated using readily available information and experience with similar projects. Site conditions and changes in project scope and design may result in significant cost variance.
___________________________________________________________________________________________________________________________________ Wednesday, June 21, 2023 Page 1 of 1

DATE: 9/28/2023
LOCATION: SUBDIVISION STATE:

Berkeley, CA
DOT: 751177P Martinez CA
DESCRIPTION LABOR MATERIAL UP %0 Agency % 100 TOTAL
Project Management 7,500$ -$ -$ 7,500.00$ 7,500$ Construction Management 20,000$ -$ -$ 20,000.00$ 20,000$ Final Inspection 2,500$ -$ -$ 2,500.00$ 2,500$ RATE (per day) 1,500$
TOTAL PROJECT: 30,000$ -$ -$ 30,000.00$ $30,000 TOTAL ESTIMATED COST: $30,000

UNION PACIFIC RAILROAD COMPANY
BY THE

ESTIMATE OF FORCE ACCOUNT WORK

EXHIBIT C
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION.

Flagging is NOT included in this estimate. Agencies are instructed to follow Union Pacific's Third Party Flagging Policy.

Please utilize the following link to Union Pacific's Third Party Flagging Policy:
https://www.up.com/real_estate/third-party-flagging/index.htm COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.

ENGINEERING

FLAGGING / INSPECTION SERVICES
DESCRIPTION OF WORK: Engineering and other related services for work to be performed within railroad right of way. This includes project and construction management during construction activities in railroad right of way. All necessary railroad services will be billed at actual cost.

IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF

MATERIAL OR LABOR REQUIRED, THE RAILROAD WILL BILL FOR ACTUAL

1 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

EXHIBIT D
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT

THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a
("Contractor").

RECITALS:
corporation

Contractor has been hired by to
perform work relating to (the “Work”)
with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near , in County, State of ,
as such location is in the general location shown on the print marked Exhibit A , attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and .

Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement

AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:

ARTICLE 1 - DEFINITION OF CONTRACTOR.

For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence.

ARTICLE 2 - RIGHT GRANTED; PURPOSE.

Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4.

ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C.

The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement.

2 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.

A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.

B. Contractor shall coordinate all of its Work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"):

C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative.

ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.

The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad’s property.

ARTICLE 6 - TERM; TERMINATION.

A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until _______________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property.

B. This agreement may be terminated by either party on ten (10) days written notice to the other party.

ARTICLE 7 - CERTIFICATE OF INSURANCE.

A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement.

B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.

C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance

3 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

carrier evidencing the insurance coverage required under Exhibit B.

D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement.

E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to:

Union Pacific Railroad Company

[Insert mailing address]

Attn:

Project No. 0770512

ARTICLE 8 - PRECONSTRUCTION MEETING.

If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.)

ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.

At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property.

ARTICLE 10. ADMINISTRATIVE FEE.

Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement.

ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.

A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.

B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.

4 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

ARTICLE 12.- EXPLOSIVES.

Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY

By:

Title:

(Name of Contractor)

By:

Name:

Title:

Phone:

E-Mail:

EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT

Exhibit A will be a print showing the general location of the work site.

1 EXHIBIT B
TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.

A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.

B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30) -day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.

C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.

D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing.

E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.

F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is

2 paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period.

An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad.

Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED

A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.

Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.

A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative.

Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty- five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.

B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor.

3 Section 4. LIENS.

Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.

Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished.

B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR

SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS,

LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES,

COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY

INJURY TO OR DEATH OF ANY PERSON EMPLOY ED BY OR ON BEHALF OF ANY

TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD

FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF

SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING

RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY.

Section 6. PERMITS - COMPLIANCE WITH LAWS.

In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations.

Section 7. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces.

As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor

4 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property.

http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf

B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.

C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work.

D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan.

Section 8. INDEMNITY.

A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL

INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY,

CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S,

CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY,

CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT

OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY

ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.

B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON

OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY

NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS

CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY.

C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES.

CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8.

CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO.

D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY

5 WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY

TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY.

E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO

LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW.

Section 9. RESTORATION OF PROPERTY.

In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon.

Section 10. WAIVER OF DEFAULT.

Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default.

Section 11. MODIFICATION - ENTIRE AGREEMENT.

No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor.

Section 12. ASSIGNMENT - SUBCONTRACTING.

Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.

1 EXHIBIT C
TO

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT

Union Pacific Railroad Company
Insurance Requirements For
Contractor’s Right of Entry Agreement

During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage:

A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.

B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).

The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.

C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence

2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED

TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.

E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.

F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.

If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

Other Requirements

G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD

COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.

I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance.

J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.

3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A - and Class VII or better, and authorized to do business in the state where the Work is being performed.

L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT E
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit E (if applicable) will be signal design schematic

NEW SHEET
Designed:

Rec#: WO#:

IS: /
///
09/13/22

INSTALL NEW HOUSE,

GATES,FLASHERS AND
CWT AT M.P. 6.14

CORRIDOR PROJECT
WITH WO# 60487
60469

ANMNST
AS A 120V TO 240V ADAPTER.

FOR 240V TO 240V IS PROVIDED AS WELL

PORTABLE GENERATOR EXTENSION CORD

TO BE VERIFIED BY FIELD

OFFSET AND ISLAND DISTANCES
CONNECTS TO M.P. 5.92

LENGTHS SHOULD NOT EXCEED MANUFACTURER'S
TO 10TH STREET TO ROSEVILLE

TRANSMITTER AND RECEIVER LEADS

TOP OF FOUNDATION TO BE AT SAME ELEVATION

AS THE SURFACE OF THE TRAVELED WAY & NO
ALL LIGHTS TO BE 12" ROUNDELS.

LIGHTS:

NOTES:

ALL TRACK WIRES 2C. #6
INSULATED 1 TWIST PER FT.

RECOMMENDATION.

WIRE TO BE #6 AWG FLEX OR LARGER.

REFER TO UP STANDARD DWG FOR BUNGALOW GROUNDING.

ALL WIRING IN GATE MECHANISM TO BE #10 "AWG FLEX".
4" X 80' CONDUIT
= TWISTED WIRES
MORE THAN 4" ABOVE THE SURFACE OF THE GROUND.

ALL BUNGALOW WIRING TO BE #16 AWG FLEX

UNLESS OTHERWISE SPECIFIED EXCEPT ALL GROUND
= = = = = =

LED LIGHTS
2R1
2R2
285HZ
xx = BELL

15.2kHZ
TO BE SEPARATED BY AT LEAST 12" IN TRENCH,
19' 15'
PRIME WARNING TIME = 28 SECONDS
641NBS
641NBS
641 NBS
641 NBS

W(S) E(N)
TRK 1 ISLAND DISTANCE 153' MINIMUM 120' REQUIRED
TRK 2 ISLAND DISTANCE 153' MINIMUM 120' REQUIRED

PREFERRED ISLAND WIRE CONNECTIONS
ARE A MINIMUM 50' FROM EDGE OF ROAD
CONNECTS TO M.P. 6.30
285HZ 17.5kHZ
MATERIAL NOTES; DELETE UPON "AC"
U.P. PART #520-0185
6X8 ALUMINUM CABIN6X8

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

CIRCUIT

NEW SHEET
POK
30'
34'
6'X8'
30'
5'3"
C C C
T
"B"
3 4
xx
5 6
1 2
10'6"
3 4 T
"A"
CCCxx
1 2
5 6
27'
13'
Designed:

Rec#: WO#:

IS: /
///
09/13/22

INSTALL NEW HOUSE,

GATES,FLASHERS AND
CWT AT M.P. 6.14

CORRIDOR PROJECT
WITH WO# 60487
60469

ANMNST
GCP
1 790HZ 20.2kHZ
TRK 3 ISLAND DISTANCE 153' MINIMUM 120' REQUIRED
2'3"
"C"
xx
43 21
5'3"
"D"
xx
21 3 4
15'
4'6"
16'6" 4'6"
15'19'

DRILL TRACK
MAIN TRACK 1
MAIN TRACK 2
GCPGCP
M.P.6.30
M.P.6.60
GCP
GCP
GCP
430HZ
GCP
430HZ

13.2kHZ

7.10kHZ
156HZ

17.5kHZ 156HZ

DAX TO BANCROFT WAY
NBS
NBS

R/B R/B

R/B R/B
16'6"
15'
1R1
1R2
1T2
1T1

DAX TO HEARST AVENUE

DAX TO GILMAN STREET

DAX TO CAMELIA STREET

DAX TO CEDAR STREET

HEARST AVENUE

VIRGINIA STREET
3,825' 25+5+3(C.T.) SEC. @ 79 M.P.H.

DAX
+-
I.J.

1.)
260'
3,825' 25+5+3(C.T.) SEC. @ 79 M.P.H.

Date:

Des:

Chk:

AFE:

Sh.:

DOT
MP:

ID:
09/13/22
NST

60469
1 751177P

6.14 BERKELEY, CALIFORNIA
3RD STREET AND ADDISON STREET

MARTINEZ SUBDIVISION
Omaha, NebraskaOffice of AVP Engineering - Signal

UNION PACIFIC RAILROAD
0910614.1X
7 8
DRIVE

R/B R/B

R/B R/B
2T2
2T1
3T2
3T1

ADDISON STREET
GCPGCP
PED-DAX TO 67TH STREET
86HZ

SEMI-BI
86HZ

SEMI-BI
PED-DAX TO 65TH STREET
M.P.5.92
CL

BANCROFT WAY
GCP
2 3
M.P. 5.92 (WO#60487)

INSTALL AS A CORRIDOR PROJECT WITH BANCROFT WAY
86HZ
86HZ
1,129'
I.J.
77'
GCPGCP
PED-DAX TO 67TH STREET
86HZ

SEMI-BI
86HZ

SEMI-BI
PED-DAX TO 65TH STREET

DAX TO HEARST AVENUE

DAX TO VIRGINIA STREET

DAX TO HEARST AVENUE

DAX TO VIRGINIA STREET
644
644
DAX
2'
MAIN TRACK 1 & 2 MAIN TRACK 1 & 2

DRILL TRACK DRILL TRACK
1,453' 25+5+3(C.T.) SEC. @ 30 M.P.H.

CL
GCPGCP
156HZ

15.2kHZ 156HZ

DAX TO BANCROFT WAY

DAX TO HEARST AVENUE

DAX TO GILMAN STREET

DAX TO CAMELIA STREET

DAX TO CEDAR STREET
1,453' 25+5+3(C.T.) SEC. @ 30 M.P.H.

NBS
156HZ
430HZ
NBS
156HZ
430HZ
NBS
156HZ
NBS
156HZ

8.3kHZ
525HZ

SIDEWALK

SIDEWALK
3RD STREET AND
642NBS
642
NBSNBS
525HZ
NBS
430HZ
GCP
430HZ

5.9kHZ
GCP 156HZ

7.1kHZNBS
430HZ
NBS
430HZ W/1200' DTL
86HZ
348HZ W/1400' DTL
NBS
430HZ W/1200' DTL
86HZ
348HZ W/1400' DTL
DAX TO 3RD STREET AND ADDISON STREET
DAX TO 3RD STREET AND ADDISON STREET

11.5KHZ *
800'
800'

10.0KHZ
+- +-
7'9"
= = = = = = = = = = = = = = = = = = = = = = = = = =
5'
5'
2'
3'5'
203' 440'+-+-+-

NBSNBS NBS
440'+- 695'
CL
+-50'
CL
M.P.6.70

CEDAR STREET
GCP
645HZ
+-613'

11.5kHZ
GCP
348HZ

10.0kHZ
GCP
348HZ

13.2kHZ
DAX TO 3RD STREET AND ADDISON STREET
DAX TO 3RD STREET AND ADDISON STREET
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DW
DW
DW
Y

03.28.22 5K 2TKUGTYP.1
9'
9' 430HZ W/1000' DTL
430HZ W/1000' DTL
CONSTRUCTION NOTES:

DRILL TRACK APPROACH FOR M.P. 6.60, REPLACING THE EXISTING HWS'S.

ORDER (1) TAB 640 NBS (156HZ) AND INSTALL AT THE END OF THE EASTBOUND

2.)

4.)

5.)* = FIELD VERIFY DISTANCE
R2140HZ
3R2/2E(N)TN
3R1/2E(N)TB
T
ORDER THE FOLLOWING FOR THIS LOCATION:
(1) 80413 RIO MODULE FOR THE GCP-5000

3.)
(1) TAB 701 PSO 4000 TRANSMITTER 2140HZ
DRILL TRACK APPROACHES REPLACING THE EXISTING HWS'S.
(2) TAB 641 NBS'S (430HZ) AND INSTALL 1 AT THE END OF EACH OF THE (1) SIEMENS PART #7A355 2140HZ TUNED RECEIVER COUPLER
(1) TAB 702 PSO 4000 RECEIVER 2140HZ
ORDER THE FOLLOWING FOR M.P. 6.30:

Designed:

Rec#: WO#:

IS: /
///
09/13/22

INSTALL NEW HOUSE,

GATES,FLASHERS AND
CWT AT M.P. 6.14

CORRIDOR PROJECT
WITH WO# 60487
60469

ANMNST

NEW SHEET

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

CIRCUIT
583

380
37 39
TB
HOUSE

INSTRUMENT
TO M.P. 5.92
(7)
583

380
41 43
CABLE
380
380
380
SHT.3
CONN.
380
18 19
583

380
13 15
21 23
N0592-0660DAX1
0592-0660DAX1
N0592-0630DAX1
N0660-0614DAX1
0592-0630DAX1
0660-0614DAX1
TB
HOUSE

INSTRUMENT
TO M.P. 6.30
(9)
380
28 29
380 25
30 31
CABLE
380
380
380
380
N0592-0660DAX2
0592-0660DAX2
N0592-0630DAX2
N0660-0614DAX2
0592-0630DAX2
0660-0614DAX2
380
32 33
34 35
N0660-0592DAX2
0660-0592DAX2
N0660-0592DAX1
0660-0592DAX1
380

5.2 IN
CABLE NO. 9 12C#14 U.G.B.T. HOUSE TO M.P. 6.30

CABLE TABULATION
CABLE NO. 7 12C#14 U.G.B.T. HOUSE TO M.P. 5.92
CABLE NO. 8 7C#14 U.G.B.T. HOUSE TO M.P. 5.92
(10)
Date:

Des:

Chk:

AFE:

Sh.:

DOT
MP:

ID:
09/13/22
NST

60469
1A
751177P

6.14 BERKELEY, CALIFORNIA
3RD STREET AND ADDISON STREET

MARTINEZ SUBDIVISION
Omaha, NebraskaOffice of AVP Engineering - Signal

UNION PACIFIC RAILROAD
0910614.1AX

5.1 IN

5.3 IN
N0592-0614DAX1
0592-0614DAX1
N0592-0614DAX2
0592-0614DAX2
SHT.3
CONN.

5.4 INSHT.3
CONN.

SHT.3
CONN.
20 CABLE NO. 10 7C#14 U.G.B.T. HOUSE TO M.P. 6.30
583
Designed:

Rec#: WO#:

IS: /
///
09/13/22

INSTALL NEW HOUSE,

GATES,FLASHERS AND
CWT AT M.P. 6.14

CORRIDOR PROJECT
WITH WO# 60487
60469

ANMNST
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DW
DW
DW
Y

03.28.22 5K 2TKUGTYP.1
(8)
(8)
(8)
(8)
(7)
(7)
(7)
(7)
(7)
(7)
(7)
(7)
(7)
(7)
(7)
(10)
(10)
(10)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
380
380
380
380
380
380
380

NEW SHEET

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT F
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit F (if applicable) will be the annual signal maintenance fee

FOR PID # 115302
STREET 3rd ST & ADDISON ST

TOWN BERKELEY, CALIFORNIA
MILEPOST 6.14

SUBDIVISION MARTINEZ
AAR/DOT NO. 751177P
WORK ORDER# 60469

DESCRIPTION VALUE QUANTITY UNITS
NON-CODED TRK. CIRCUIT 2 0
(Standalone AFTAC or Ring 10)
SUPERIMPOSED CIRCUIT(AFTAC) / 2 0

DETECTION LOOP
HIGHWAY GRADE CROSSING SIGNAL 2 10
(FRONT LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 4
(OTHER THAN FRONT LIGHTS)
GATE MECHANISM, AUTOMATIC 8 8
WITH ARM UP TO 26 FT
GATE MECHANISM, AUTOMATIC 10 10
WITH ARM OVER 26 FT
GCP/HXP (constant warning device, per track circuit) 15 45 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0
MOVEMENT DETECTOR (PMD) 6 0
MOVEMENT DETECTOR (STANDBY UNIT) 3 0
RADIO DATA LINK, PER UNIT 1 0
PREEMPTION CIRCUIT 2 0
DATA RECORDER 1 0
REMOTE MONITORING DEVICE (SEAR, ETC)* 2 2
BONDED RAIL JOINTS (per mile, each rail, single bonded) 1 0 BATTERY AND CHARGER (per set) 1 2 2
TOTAL UNIT COUNT 81
PAVEMENT RESTORATION COSTS (Actual)
Annual Maintenance Cost at $278.25/Unit $22,538
*UP supplied Unit Value
June 5, 2023
0 4

AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS

ESTIMATED MAINTENANCE COSTS

BY THE UNION PACIFIC RAILROAD
0 0
5 0
0 0
1 0
1 1
3 0
0

1 UP
Real Estate P
roject No.: 0783795

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Bancroft Way
DO
T 751176H
MP 5.92 – Martinez Subdivision
Berkeley, Alameda County, California

THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day o f
___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ( ”Railroad") and CITY OF BERKELEY, a municipal corporation or political subdivision of the State of California to be addressed at 1947 Center Street, 2 nd Floor, Berkeley, California 94704 ("Political Body").

RECITALS:

Presently, the Political Body utilizes the Railroad’s property for the existing at grade public road crossing over Bancroft Way, DOT Number 751176H at Railroad’s Milepost

5.92 on Railroad’s Martinez Subdivision at or near Berkeley, Alameda County, California.

The Political Body now desires to undertake as its project (the “Project”) the reconstruction and widening of the existing at grade public road crossing to accommodate the reconstruction of sidewalks and installation of delineators as medians. The road crossing, as reconstructed and widened is hereinafter the “Roadway.”

The Railroad right of way being utilized for the existing at grade public road crossing is not sufficient to allow for the reconstruction and widening of the Roadway.

Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad’s property that Political Body needs to use in connection with the Roadway (including the right of way being utilized for the existing at grade crossing) is shown on the Railroad’s location print marked Exhibit A and the Political Body’s type, size and location prints of the Project marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part hereof (the “Crossing Area”).

In support of its Project, the Political Body has requested the Railroad’s cooperation in connection with upgrading grade crossing protection devices in accordance with the design schematic marked Exhibit E, hereto attached and hereby made a part hereof (the “Designs”). Said work is to be performed at the sole expense of Political Body.

2 T
he Railroad and the Political Body are entering into this Agreement to cover the above.

AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:

Section 1. EXHIBIT B

T
he general terms and conditions marked Exhibit B, ar
e attached hereto and
hereby made a part hereof.

Section 2. RAILROAD GRANTS RIGHT

For and in consideration of the sum of THREE THOUSAND DOLLARS ($3,000.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area.

Section 3. DEFINITION OF CONTRACTOR

For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the C ontractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.

Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE

A. Prior to Contractor perform ing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to:

• execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the Railroad.

B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms

3 that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property.

Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.

C. A
ll insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:

Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-16
90 UP Project No. 0783795

D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval.

Section 5. FEDERAL AID POLICY GUIDE

If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.

Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD

The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project.

Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS

A. T he work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dat ed
May 31, 2023, and June 7, 2023, marked Exhibit C, and October 4, 2023 marked Exhibit C-1, with each exhibit being attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is One Million Four Thousand Five Hundred Forty Four Dollars ($1,004,544.00).

4 B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimates.

C. T
he Political Body acknowledges that the Estimates ma
y not include any
estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing.

D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within one hundred eighty (180) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed.

E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement ), construction, inspection, flagging (unless flagging costs are to be billed directly to the Cont ractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad 's standard additive rates.

Section 8. PLANS

A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances.

B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.

C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.